Rumor Hollywood insiders say there's growing tension at Disney as CEO Bob Chapek chafes at Bob Iger's 'long goodbye'

[UNCgolf]

I understand "Fair Compensation" but I have a hard time seeing you suing after you got 20 Mil. Yeah it would have been more if it wasnt for pandemic. But to me this kinda tarnishes Ms Johanssen to me a bit and I am a fan of hers. In light of the current world she should have kinda understood she would not make what she could have previously and banked on the future. She isnt going to stop getting job offers.

It's about the precedent as much as anything. The amount of money is almost irrelevant to me, especially since no matter how much she gets paid she's still the much smaller party compared to Disney.

I don't think anyone would be happy in her position, especially if the decision was made unilaterally by Disney.

For an example of how this works on a much smaller scale -- imagine being in a band and you had an agreement that you would receive 50% of the cover charge at the bar where you're performing. Then, on the night of your show, the bar suddenly decides they're going to let the first 100 people in for free. They've arbitrarily limited your compensation in a way that was not contemplated by the contract.

 

[CaptainAmerica]

I thought of that, but I'm not sure actors would go for it, at least not without asking for a higher percentage -- and I'm not sure Disney would go for that. It's almost always going to be a smaller take than the box office, if only because more than one person can watch it for the price. You can't pay for one ticket to a movie and bring 5 other people with you.

That's not the trade off though. I did Premier
Access for Raya and the Last Dragon. I wouldn't have seen it in theaters at all. So it wasn't $50 of movie tickets for my family versus $30 Premier Access, it was $0 of movie tickets versus $30 of Premier Access. And Disney didn't have to share any of that with AMC, so they likely WOULD be willing to offer a higher percentage.

 

[UNCgolf]

That's not the trade off though. I did Premier
Access for Raya and the Last Dragon. I wouldn't have seen it in theaters at all. So it wasn't $50 of movie tickets for my family versus $30 Premier Access, it was $0 of movie tickets versus $30 of Premier Access. And Disney didn't have to share any of that with AMC, so they likely WOULD be willing to offer a higher percentage.

Sure, but there's no way for them to know that. They have no idea how much of the Premier Access money is coming from people who wouldn't have gone to see it in the theater otherwise.

But that still could be what happens; I wouldn't be surprised by it.

 

[MisterPenguin]

The obvious solution here is to just include a cut of Premiere Access as if it was part of box office.

Disney is implying she's already getting that cut.

The company went on to state that the star has already received $20 million for her work and argued that “the release of ‘Black Widow’ on Disney+ with Premier Access has significantly enhanced her ability to earn additional compensation on top of the $20M she has received to date.”​

Disney Fires Back at Scarlett Johansson, Calls ‘Black Widow’ Lawsuit ‘Sad and Distressing’

The Walt Disney slammed Scarlett Johansson over 'Black Widow' lawsuit, saying it shows 'callous disregard' for effects of pandemic.

variety.com

 

[CaptainAmerica]

Sure, but there's no way for them to know that. They have no idea how much of the Premier Access money is coming from people who wouldn't have gone to see it in the theater otherwise.

Yes, they absolutely do know that. They have teams of very highly compensated people whose job it is to know that. It's called "cannibalization analysis." It's obviously not an exact science but it's pretty much the sole focus of their distribution strategy teams.

There's a REASON Mulan came out on Premier Access only, Soul went straight to Disney+, Black Widow went to Premier Access and theaters, etc.

 

[MisterPenguin]

More drama...

‘Black Widow’ Legal Battle: Inside the Fallout After Scarlett Johansson Sues Disney

Scarlett Johansson's lawsuit against Disney is an epic legal battle over the structure of the film industry.

variety.com

Gerard Butler Sues for $10 Million in Profits From ‘Olympus Has Fallen’

Gerard Butler sued Nu Image/Millennium Films, claiming he is owed at least $10 million on profits from the 2013 film 'Olympus Has Fallen.'

variety.com

 

[CaptainAmerica]

See my post above. Disney is implying she's already getting that cut.

The company went on to state that the star has already received $20 million for her work and argued that “the release of ‘Black Widow’ on Disney+ with Premier Access has significantly enhanced her ability to earn additional compensation on top of the $20M she has received to date.”​

Disney Fires Back at Scarlett Johansson, Calls ‘Black Widow’ Lawsuit ‘Sad and Distressing’

The Walt Disney slammed Scarlett Johansson over 'Black Widow' lawsuit, saying it shows 'callous disregard' for effects of pandemic.

variety.com

Right, which is why she's probably going to lose.

 

[UNCgolf]

Yes, they absolutely do know that. They have teams of very highly compensated people whose job it is to know that. It's called "cannibalization analysis." It's obviously not an exact science but it's pretty much the sole focus of their distribution strategy teams.

There's a REASON Mulan came out on Premier Access only, Soul went straight to Disney+, Black Widow went to Premier Access and theaters, etc.

No, they don't. That's not even remotely close to being an exact science.

It's educated guesses. They know far more than a random person on the street, of course, but they're not even close to knowing everything and are occasionally wildly inaccurate.

 

[UNCgolf]

Right, which is why she's probably going to lose.

We'll see. It's impossible to know without seeing the contract, but I'd be surprised if she didn't have a pretty strong case. It's unlikely any of this was contemplated in the original contract, but they could have renegotiated. If they did, though, I'm not sure why she'd be suing.

Of course, despite the language they're throwing back and forth at the moment, I'd be very surprised if this wasn't settled.

 

[CaptainAmerica]

We'll see. It's impossible to know without seeing the contract, but I'd be surprised if she didn't have a pretty strong case. It's unlikely any of this was contemplated in the original contract, but they could have renegotiated. If they did, though, I'm not sure why she'd be suing.

Of course, despite the language they're throwing back and forth at the moment, I'd be very surprised if this wasn't settled.

It's a bad look either way. Handle your business behind closed doors like a grownup.

 

[UNCgolf]

It's a bad look either way. Handle your business behind closed doors like a grownup.

I think it depends on the specific facts -- obviously we don't know what's happened behind the scenes, but it's possible they attempted to work things out with Disney and were rebuffed to where they felt like a lawsuit was the only option.

I doubt we will ever really know, though, since as I said I'll be shocked if they don't settle. Moving all the way to discovery could open up all kinds of issues for Disney and I can't imagine it will get to that point unless they're absolutely sure the contract specifically supports their position. Even then, it probably wouldn't be worth it to fight to the end.

 

[Sir_Cliff]

I understand "Fair Compensation" but I have a hard time seeing you suing after you got 20 Mil. Yeah it would have been more if it wasnt for pandemic. But to me this kinda tarnishes Ms Johanssen to me a bit and I am a fan of hers. In light of the current world she should have kinda understood she would not make what she could have previously and banked on the future. She isnt going to stop getting job offers.

This is where I don't think Disney will be too worried about bad PR. Few people are going to read the story and weep for Scarlett Johansson getting less than she expected on top of her $20million fee, particularly given the context of the pandemic.

That doesn't mean she doesn't have a case, though. It would be interesting to know whether Disney would legally be fine if they did just release the film to cinemas, even if the end result was less money for all involved and more or less tanking the film.

 

[GimpYancIent]

As far as the general public are concerned its dead and buried - the Star Wars universe novels like the Thrawn Trilogy are better than anything Disney ever dreamed of. The only people who care about Star Wars anymore are people who are hard core fans who belong to the 501st legion like some of my friends do, i usually give them crap about the wrong side won the rebellion.

Star Wars is very far from being deceased. It is all about the aged characters passing the torch to a fresh set of characters that will further develop the story.

 

[CaptainAmerica]

This is where I don't think Disney will be too worried about bad PR. Few people are going to read the story and weep for Scarlett Johansson getting less than she expected on top of her $20million fee, particularly given the context of the pandemic.

That doesn't mean she doesn't have a case, though. It would be interesting to know whether Disney would legally be fine if they did just release the film to cinemas, even if the end result was less money for all involved and more or less tanking the film.

You don't get damages if you're not damaged.

If we have a deal where I'm supposed to pay you $5 in $1 bills, but I hand you a $20 bill and say "keep the change," you don't get to sue me.

 

[UNCgolf]

You don't get damages if you're not damaged.

If we have a deal where I'm supposed to pay you $5 in $1 bills, but I hand you a $20 bill and say "keep the change," you don't get to sue me.

Agreed, but I don't think that's what happened here -- or at least that's her argument. We obviously don't know for sure.

I would love to be able to read the contract.

 

[THE 1HAPPY HAUNT]

Right, which is why she's probably going to lose.

Wrong. She is totally going to win this and win it big.

 

[CaptainAmerica]

Agreed, but I don't think that's what happened here -- or at least that's her argument. We obviously don't know for sure.

I would love to be able to read the contract.

Her argument doesn't even make sense in theory.

Disney made the judgment that Box Office + Premier Access would be > Box Office Alone and then *gave her a cut of both.*

Let's make up a number and say she was entitled to 5% of the gross. Disney isn't going to deliberately screw themselves out of $1.00 to avoid having to pay Scarlett Johansson $0.05. Maximizing revenue is in *Disney's* best interest as well as hers.

 

[CaptainAmerica]

Wrong. She is totally going to win this and win it big.

If they weren't cutting her in on Premier Access sales, she might have a case. But they are so she doesn't.

 

[THE 1HAPPY HAUNT]

Her argument doesn't even make sense in theory.

Disney made the judgment that Box Office + Premier Access would be > Box Office Alone and then *gave her a cut of both.*

Let's make up a number and say she was entitled to 5% of the gross. Disney isn't going to deliberately screw themselves out of $1.00 to avoid having to pay Scarlett Johansson $0.05. Maximizing revenue is in *Disney's* best interest as well as hers.

They weren't allowed to do that according to her deal. Premier Pass was not even a thing when she signed her deal. No one knew it was something Disney was going to offer or create. So therefore Disney violated the original terms of the deal. She tried to give them a chance to make it right and they ignored her so she had no choice but to sue.

 

[UNCgolf]

Her argument doesn't even make sense in theory.

Disney made the judgment that Box Office + Premier Access would be > Box Office Alone and then *gave her a cut of both.*

Let's make up a number and say she was entitled to 5% of the gross. Disney isn't going to deliberately screw themselves out of $1.00 to avoid having to pay Scarlett Johansson $0.05. Maximizing revenue is in *Disney's* best interest as well as hers.

Where did you read that? I hadn't seen that in any of the information I've read, although I certainly haven't gone out of my way to research this. The few things I've read have been pretty scarce on any contractual details or what Disney actually gave her.

As an aside, there's a good chance this ends up in arbitration if it's not settled. I'm guessing they had an arbitration clause and the lawsuit is attempting to get around that, but I don't know that for sure (as I said, I haven't looked closely at any of this). I'm still betting heavily that this is settled, though, and the lawsuit is mainly a negotiating tactic.