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

[lazyboy97o]

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.

This assumes it’s the same cut. If she only gets 1¢ of that dollar when it is streamed then she would prefer the box office.

 

[CaptainAmerica]

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.

Exactly! She's claiming her contract says that Disney promised not to release the movie on a streaming platform that didn't even exist. How could that POSSIBLY have been in the contract?

 

[CaptainAmerica]

This assumes it’s the same cut. If she only gets 1¢ of that dollar when it is streamed then she would prefer the box office.

The contract is silent on the matter, so it's either an equal cut or zero.

 

[THE 1HAPPY HAUNT]

Exactly! She's claiming her contract says that Disney promised not to release the movie on a streaming platform that didn't even exist. How could that POSSIBLY have been in the contract?

No her contract said it would be only in theatres. once they put it on premier pass and charged for it, they violated the deal. No one knew a pandemic was coming and Disney was going to do this . Going forward I am sure this will be in contracts but back then it was unheard of;so she signed a normal deal for movie theatre exclusivity and when Disney panicked and called an audible, they violated the contract.

 

[Sir_Cliff]

The contract is silent on the matter, so it's either an equal cut or zero.

Do we have that much information about the contract?

Like others, I suspect this does end in arbitration as I imagine the issue regarding revenues from the shift to streaming is murky rather than black and white. I also think the analogy of voice actors suing when VHS came about is apt, though in this case it seems like Disney was at least giving the actors some cut.

I would also be surprised if Scarlett Johansson and Emma Blunt decide they will never work for Disney again after this. In their industry, it's a big one to blacklist.

 

[CaptainAmerica]

I would also be surprised if Scarlett Johansson and Emma Blunt decide they will never work for Disney again after this. In their industry, it's a big one to blacklist.

I expect that Disney will be blacklisting them, not the other way around.

 

[seascape]

I am not going to movie theaters any time soon. I am also not going to pay $30.00 for movie when I can see it by waiting a few months. I would be willing to pay $10 to $15 a month extra for a premium Disney+ subscription that gives me day and date for every Disney, Marvel, Lucasfilm, Pixar, Fox and Searchlight movie but not one per movie basis. Now, concerning the contracts for actors, pay them a flat price and none of the box office, or streaming revenue. Yes, give them a cut of the rental market and sales to TV networks but that's it. And for the specifics of pre Covid19 movies, give the actors bonuses but not based on what movies made at the Box Office pre Covid19 because the box office will not come back to attendance figures we had in 2019. Eventually the box office revenue will because ticket prices will be $50.00 a ticket for huge seats and personal service bringing you whatever you want, food and beverage but forget anyone making what RDJ made. He was lucky and grossly over paid. No one is worth that kind of money.

 

[UNCgolf]

No her contract said it would be only in theatres. once they put it on premier pass and charged for it, they violated the deal. No one knew a pandemic was coming and Disney was going to do this . Going forward I am sure this will be in contracts but back then it was unheard of;so she signed a normal deal for movie theatre exclusivity and when Disney panicked and called an audible, they violated the contract.

I just did a bit of research out of casual professional interest.

It seems like her contract did not say it would be exclusive to theaters; only that a wide theatrical release was guaranteed. Her attorneys are arguing that everyone understood that to mean an exclusive release, even though it didn't specifically say so. That's not as weak an argument as it might sound to a layman; general custom and the parties' mutual understanding are both factors in contractual disputes. If they could show that that type of language has always meant an exclusive release, it wouldn't matter if the contract doesn't actually say "exclusive".

Beyond that, they apparently included an email between Johansson's legal team and Marvel's Chief Counsel where he promised a traditional release and any change in plans would require a discussion with her team since the contract involves multiple box office incentives. That could prove to be a pretty big sticking point that hurts Disney's case, but it's impossible to say for sure from the outside without having all the facts.

 

[THE 1HAPPY HAUNT]

I just did a bit of research out of casual professional interest.

It seems like her contract did not say it would be exclusive to theaters; only that a wide theatrical release was guaranteed. Her attorneys are arguing that everyone understood that to mean an exclusive release, even though it didn't specifically say so. That's not as weak an argument as it might sound to a layman; general custom and the parties' mutual understanding are both factors in contractual disputes. If they could show that that type of language has always meant an exclusive release, it wouldn't matter if the contract doesn't actually say "exclusive".

Beyond that, they apparently included an email between Johansson's legal team and Marvel's Chief Counsel where he promised a traditional release and any change in plans would require a discussion with her team since the contract involves multiple box office incentives. That could prove to be a pretty big sticking point that hurts Disney's case, but it's impossible to say for sure from the outside without having all the facts.

yeah because back then no major motion picture went to streaming same day as theatres. unheard of until universal did it with Trolls World Tour and it shook the industry and angered theatre chains. so of course it meant only in theatres. common sense. Disney is in the wrong and going to lose.

 

[erasure fan1]

I’m excited for that…and nervous because - frankly - they aren’t very good at these movies.

I was excited for rogue squadron as well. Then I saw Wonder woman 84 and now, not so much.

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

When this first hit, I thought she would win hands down. But now that it seems like Disney was giving her a cut of D+ as well, I agree with you. The best she could hope for was a cut of D+ anyway. The movie was going to bomb hard if it was theater only last year. I do believe that will factor into all this.

 

[CaptainAmerica]

I just did a bit of research out of casual professional interest.

It seems like her contract did not say it would be exclusive to theaters; only that a wide theatrical release was guaranteed. Her attorneys are arguing that everyone understood that to mean an exclusive release, even though it didn't specifically say so. That's not as weak an argument as it might sound to a layman; general custom and the parties' mutual understanding are both factors in contractual disputes. If they could show that that type of language has always meant an exclusive release, it wouldn't matter if the contract doesn't actually say "exclusive".

Beyond that, they apparently included an email between Johansson's legal team and Marvel's Chief Counsel where he promised a traditional release and any change in plans would require a discussion with her team since the contract involves multiple box office incentives. That could prove to be a pretty big sticking point that hurts Disney's case, but it's impossible to say for sure from the outside without having all the facts.

*Except she's getting a cut of the D+ release too.*

If Disney had done as her attorneys are suggesting they should have and ONLY released in theaters, she would have made *less money than she's making now.* Premier Access didn't tank Black Widow's box office, COVID did. Premier Access helped salvage it. She should be thanking them for their prudence and foresight.

 

[UNCgolf]

*Except she's getting a cut of the D+ release too.*

If Disney had done as her attorneys are suggesting they should have and ONLY released in theaters, she would have made *less money than she's making now.* Premier Access didn't tank Black Widow's box office, COVID did. Premier Access helped salvage it. She should be thanking them for their prudence and foresight.

This is exactly the kind of statement that requires litigation or arbitration, though, because there's no definitive evidence that that's true.

I personally agree with you that the movie probably would have made less money without the Premier Access option, but what we think doesn't really matter. Disney would argue what you said and have facts/figures/experts to back it up, and her team would argue the opposite with their own facts/figures/experts. It would be down to a jury or the arbitrator to decide who's right.

I still say there's a 99% chance it never gets to that point, though, either through settlement or because of a determination that the plain language of the contract already resolved the issue.

 

[Sirwalterraleigh]

*Except she's getting a cut of the D+ release too.*

If Disney had done as her attorneys are suggesting they should have and ONLY released in theaters, she would have made *less money than she's making now.* Premier Access didn't tank Black Widow's box office, COVID did. Premier Access helped salvage it. She should be thanking them for their prudence and foresight.

Nobody knows what the “cut” was and I think that’s a big part of it…
Warner paid off their heavy talent last year…and the precedent is set. I think Disney tried to bamboozle the “cut” payment. And if the rumor fight between Iger and chapek is true…that could very well be the reason. Feige getting ticked off is a bad sign there too…they pushing him toward taking over Lucas and don’t need him getting mad and shopping deals from other studios.

but Disney can’t argue covid robbed her…because the counter is “then you could have waited” and any response from Disney why they didn’t looks bad.

This is exactly the kind of statement that requires litigation or arbitration, though, because there's no definitive evidence that that's true.

I personally agree with you that the movie probably would have made less money without the Premier Access option, but what we think doesn't really matter. Disney would argue what you said and have facts/figures/experts to back it up, and her team would argue the opposite with their own facts/figures/experts. It would be down to a jury or the arbitrator to decide who's right.

I still say there's a 99% chance it never gets to that point, though, either through settlement or because of a determination that the plain language of the contract already resolved the issue.

Agreed. I think this is a straight up arbitration and I bet they threatened to do this even before the release happened…and somebody decided they could do what they want. That’s a typical bad management move…get used to those. They’re coming in bunches. Awful leadership.

 

[CaptainAmerica]

The dirty little secret that nobody in the Disney or ScarJo camps will admit is that *Black Widow was always going to flop.* Nobody cares about the character, she's dead in-universe, it's a sole lead in a franchise built on ensemble casts, there's a major Endgame hangover, and female superhero movies already face an uphill battle. This isn't a harbinger of the future of the industry, it's just a movie nobody cared that much about.

 

[skypilot2922]

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.

Characters so weak no one cares about them. As demonstrated by no one will buy their action figures on clearance for less than a dollar each.

While the classic characters sell out at list price.

 

[Sirwalterraleigh]

The dirty little secret that nobody in the Disney or ScarJo camps will admit is that *Black Widow was always going to flop.* Nobody cares about the character, she's dead in-universe, it's a sole lead in a franchise built on ensemble casts, there's a major Endgame hangover, and female superhero movies already face an uphill battle. This isn't a harbinger of the future of the industry, it's just a movie nobody cared that much about.

I’ll go you one further…

marvel is heading towards a big decline.

they wrote out their two best characters/franchises because they didn’t want to pay them…now they’re going more obscure/more fringe…less identifiable to the causal movie goer.

look at the D+ lead in shows…you gotta be pretty heavy geek to dig these…And that’s not how you get $1-2 bil box office films.

might have outkicked their coverage there.

 

[Sirwalterraleigh]

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.

You’re joking, right? They literally just tried that and it was a disaster. Did covid cause temporary amnesia back to 2015? I’ll bring you up to speed…it didn’t go well.

Characters so weak no one cares about them. As demonstrated by no one will buy their action figures on clearance for less than a dollar each.

While the classic characters sell out at list price.

Thank you…I thought I hallucinated all that.

 

[CaptainAmerica]

I’ll go you one further…

marvel is heading towards a big decline.

they wrote out their two best characters/franchises because they didn’t want to pay them…now they’re going more obscure/more fringe…less identifiable to the causal movie goer.

look at the D+ lead in shows…you gotta be pretty heavy geek to dig these…And that’s not how you get $1-2 bil box office films.

might have outkicked their coverage there.

Yuuuuup. Tremendous mistake to let Evans and RDJ go at the same time. They're going to need a Hail Mary, i.e.fast tracking X-Men or dumping solid gold Mickey Bars on the doorstep of Sony to get Spider-Man back. Tom Holland could be the face of the franchise but he isn't theirs.

 

[CaptainAmerica]

Characters so weak no one cares about them. As demonstrated by no one will buy their action figures on clearance for less than a dollar each.

While the classic characters sell out at list price.

The cast also don't have any interest in the franchise. The original Marvel leads were incredible brand ambassadors at conventions and in the media. They did the promotional work at Comic-Con and on Jimmy Fallon. And they either enjoyed it or were really good at faking like they enjoyed it. RDJ and Evans could do it. Brie Larson, ScarJo, Anthony Mackie, Sebastian Stan, and the current Star Wars cast can't or don't want to.

The only asset Marvel has right now is Tom Hiddleston. Star Wars has Favreau and Filoni, but neither of them are on camera.

 

[jpinkc]

The cast also don't have any interest in the franchise. The original Marvel leads were incredible brand ambassadors at conventions and in the media. They did the promotional work at Comic-Con and on Jimmy Fallon. And they either enjoyed it or were really good at faking like they enjoyed it. RDJ and Evans could do it. Brie Larson, ScarJo, Anthony Mackie, Sebastian Stan, and the current Star Wars cast can't or don't want to.

The only asset Marvel has right now is Tom Hiddleston. Star Wars has Favreau and Filoni, but neither of them are on camera.

I am not so sure on that. They do kinda have Spider Man, and Thor is still kicking. Fantastic Four if finally done right I think can be great. Anthony Mackie is no Chris Evans for sure but I like him. Also the current talk of Daredevils return with Vincent D'Onofrio supposedly coming back as Kingpin. Also as you mentioned there is the 500lb Gorilla of the X-men standing in the wings. I dont know who could replace Hugh Jackman as Wolverine he did great for someone who looks NOTHING like the comic book Wolvie. I am also not completely sold we have seen the last of Chris Evans either. Now Iron Man I fully expect a recast and him to return. Its Marvel nobody is ever truely gone but those will be huge shoes to fill.