Disney and Universal working on Marvel deal for Florida?

[GrumpyFan]

The contract only gives an example of a family (Avengers), it doesn't call out what the familiar are or who are the member of each family are.

True, but isn't there some kind of a usage clause as well? Like, if they (Uni) isn't using a particular family or set of characters, aren't those open for use elsewhere unless they request permission to use them? In which case, only the ones they're using and those in that family are protected from others being able to use. If so, then GoG would be "unprotected" and available for Disney to use.

Quoted from the contract:

East of The Mississippi - any other theme park is limited to using characters not currently being used by MCA at the time such other license is granted. [For purpose of this subsection and subsection iv, a character is “being used by MCA” if (x) it or another character of the same “family” (e.g., any member of THE FANTASTIC FOUR, THE AVENGERS or villains associated with a hero being used) is more than an incidental element of an attraction, is presented as a costumed character, or is more than an incidental element of the theming of a retail store or food facility; and, (y) in addition, if such character or another character from the same “family” is an element in any MCA marketing during the previous year. Any character who is only used as a costume character will not be considered to be “being used by MCA” unless it appears as more than an incidental element in MCA’s marketing.
​

Or, am I mis-reading this? It seems to indicate (to me at least) that any characters not licensed or in use by Universal at the time of the agreement, are subject for use elsewhere.

 

[Disneyhead'71]

I believe that some of the talks were to hammer out some of the ambiguities into a win-win for both parties.

Not renegotiated. More like clearifying addendums.

 

[AEfx]

GoG is interesting, and I don't believe the Marvel contract specifically includes them. However, even if Disney can use them in Florida, which based on some of their appearances last year seems feasible, the movie and characters strike me as somewhat difficult to adapt to a theme park venue, not impossible, just difficult.

I would have said the same thing about the property before it became a movie. Heck, I think we forget how "off-base" the idea of making Iron Man a tent pole in the first place was.

I have a feeling it will be a stage show or something similar. Dancing Groot, etc. Disney just doesn't seem to care about building E-ticket attractions anymore for any property.

 

[ProfSavage]

This thread got me like...

 

[Captain Chaos]

I'm thinking it's time to "pull out" of this thread. It's gone from ridiculous to ludicrous!

 

[mguimond1990]

No no no!

....so you're saying there's a chance?

 

[marni1971]

....so you're saying there's a chance?

Oh there's a chance.

As much as Avland opening next year.

 

[lazyboy97o]

They're talking, it doesn't mean that those discussions will bear any fruit- but IP lawyers on both sides are obviously doing the diligence as are the executives. Both sides are exploring scenarios that provide the most benefit. It's not as if these sorts of things haven't already reared their head- there's a reason Disney is partnering with Sony on Spiderman.

When did I say Universal didn't have every right to continue and expand Marvel? They have those rights and will continue to do so. That doesn't mean that Disney isn't making an attempt to consolidate that aspect of Marvel back into their control. I'm not saying that it's likely at all, but only a fool would think that there's literally no sentiment at Disney to try and re-acquire those rights. Again, that doesn't mean it has a chance of happening.

The reasons for Sony outsourcing their Spider-Man films are not at all a similar scenario.

 

[mahnamahna101]

I'm just gonna leave this here, and slowly walk away.

Behind the Thrills has an interesting post from today, titled Universal ups the ante with Nintendo theme park attractions-When will Disney match it? where they discuss some of the same things that have been commented on here, but with just a tad less ridiculousness?

On second thought, maybe I'll run for it!

He's a little naive about TDO's thought process.

They won't do anything until the Avengers E-ticket, F&F E-ticket, Fallon D-ticket, new water park, 3-5 new hotels, the Nintendo replacement for KidZone, and Potter Phase 3 send Epcot and DHS below 10 million guests

Seriously though, Nintendo, Avengers and F&F could all potentially get done roughly around the same time as Avatar if Comcast pleases.

Star Wars Land isn't opening until 2020-2022, like PhotoDave and other insiders have mentioned. I'd be shocked if Nintendo doesn't have some sort of attraction by 2018. Especially since UNI announced their deal with HP a little over 3 years before WWOHP opened.

 

[71jason]

GoG is interesting, and I don't believe the Marvel contract specifically includes them. However, even if Disney can use them in Florida, which based on some of their appearances last year seems feasible, the movie and characters strike me as somewhat difficult to adapt to a theme park venue, not impossible, just difficult.

GotG are a unique case. I think everyone but Rocket and StarLord were created after the deal, and hence likely not covered by it (cf Iron Patriot). Rocket and StarLord were, I believe, "honorary Avengers" at one point, tho that seems unlikely to qualify you in the "Avengers family." However, Thanos and the Collector are both famous Avengers villains, and I think Ronin the Accuser is a Fantastic 4 villain, so Disney might have the heroes but no villains. Howard the Duck should be available to Disney free and clear tho.

All a moot point. No one in their right mind would attempt a GotG attraction before building more Star Wars content.

 

[StageFrenzy]

True, but isn't there some kind of a usage clause as well? Like, if they (Uni) isn't using a particular family or set of characters, aren't those open for use elsewhere unless they request permission to use them? In which case, only the ones they're using and those in that family are protected from others being able to use. If so, then GoG would be "unprotected" and available for Disney to use.

Quoted from the contract:

East of The Mississippi - any other theme park is limited to using characters not currently being used by MCA at the time such other license is granted. [For purpose of this subsection and subsection iv, a character is “being used by MCA” if (x) it or another character of the same “family” (e.g., any member of THE FANTASTIC FOUR, THE AVENGERS or villains associated with a hero being used) is more than an incidental element of an attraction, is presented as a costumed character, or is more than an incidental element of the theming of a retail store or food facility; and, (y) in addition, if such character or another character from the same “family” is an element in any MCA marketing during the previous year. Any character who is only used as a costume character will not be considered to be “being used by MCA” unless it appears as more than an incidental element in MCA’s marketing.
​

Or, am I mis-reading this? It seems to indicate (to me at least) that any characters not licensed or in use by Universal at the time of the agreement, are subject for use elsewhere.

The "family" is key because just about everyone has been an Avenger.

 

[lazyboy97o]

GotG are a unique case. I think everyone but Rocket and StarLord were created after the deal, and hence likely not covered by it (cf Iron Patriot). Rocket and StarLord were, I believe, "honorary Avengers" at one point, tho that seems unlikely to qualify you in the "Avengers family." However, Thanos and the Collector are both famous Avengers villains, and I think Ronin the Accuser is a Fantastic 4 villain, so Disney might have the heroes but no villains. Howard the Duck should be available to Disney free and clear tho.

All a moot point. No one in their right mind would attempt a GotG attraction before building more Star Wars content.

Depending on how long Disney drags this out, I still think Chris Pratt on Avengers: Infinity War posters are going to be a hard thing for an arbiter to ignore.

 

[JrBernal83]

Nintendo! Could Mario and the gang replace Marvel? I see this happening within the next 2-3 years. Once Infinity War PT 1 is release, Disney will need a HUGE presence in the parks. This will bring alot of the superheroes stories to an end and in what way can they continue making money off of the Phase 1 and 2 heroes??? Put rides in the park, M&G, and other experiences. Come on Disney, get the ball rolling! I want my picture taken with the Avengers! I want to have lunch in the Helicarrier! I want to play with Tony Starks computer in Epcot.

I am a Disney fan, but comeon, make DHS Disney's Hollywood Adventure! Marvel, Star Wars, Pixar, and bring back Toon Town!

 

[PhotoDave219]

GotG are a unique case. I think everyone but Rocket and StarLord were created after the deal, and hence likely not covered by it (cf Iron Patriot). Rocket and StarLord were, I believe, "honorary Avengers" at one point, tho that seems unlikely to qualify you in the "Avengers family." However, Thanos and the Collector are both famous Avengers villains, and I think Ronin the Accuser is a Fantastic 4 villain, so Disney might have the heroes but no villains. Howard the Duck should be available to Disney free and clear tho.

All a moot point. No one in their right mind would attempt a GotG attraction before building more Star Wars content.

We're getting a Howard the Duck Attraction?!!?!?! YAY!

 

[PhotoDave219]

Nintendo! Could Mario and the gang replace Marvel? I see this happening within the next 2-3 years. Once Infinity War PT 1 is release, Disney will need a HUGE presence in the parks. This will bring alot of the superheroes stories to an end and in what way can they continue making money off of the Phase 1 and 2 heroes??? Put rides in the park, M&G, and other experiences. Come on Disney, get the ball rolling! I want my picture taken with the Avengers! I want to have lunch in the Helicarrier! I want to play with Tony Starks computer in Epcot.

I am a Disney fan, but comeon, make DHS Disney's Hollywood Adventure! Marvel, Star Wars, Pixar, and bring back Toon Town!

I'll be very very very very very clear here.


NO.

 

[JrBernal83]

I'll be very very very very very clear here.


NO.

Don't you think it's odd that the Nintendo news drops after we hear a rumor of Marvel and UNI working on a deal to get Marvel into The WORLD?

 

[wm49rs]

Don't you think it's odd that the Nintendo news drops after we hear a rumor of Marvel and UNI working on a deal to get Marvel into The WORLD?

The rumor about Marvel and Universal was contrived by a site owner looking for some more page hits to make himself more relevant in the eyes of TWDC. The deal with Nintendo has been in the works for some time now....

 

[mahnamahna101]

Don't you think it's odd that the Nintendo news drops after we hear a rumor of Marvel and UNI working on a deal to get Marvel into The WORLD?

Just about every insider has said MSHI is getting enhanced and Doom is being bulldozed... for an Avengers/SHIELD expansion.

 

[Captain Neo]

Ummm....

Not you. Leemac from Laughing place. Spirit knows who I'm talking about

 

[magicallactose]

Reading this thread is like riding a merry-go-round...gee, that tree looks familiar.