Scarlett Johnson in I Want to Smell You Again...
UPDATED, ii:ten PM PT: The Walt Disney Co. has fired back at Cherry-red Johansson's lawsuit over the release of Black Widow, in a biting statement in which information technology said that the litigation showed a "callous disregard" to the Covid-19 pandemic and even revealed that she has so far received $20 one thousand thousand from the project.
A Disney spokesperson said, "There is no merit whatever to this filing. The lawsuit is specially lamentable and distressing in its callous disregard for the horrific and prolonged global effects of the Covid-xix pandemic. Disney has fully complied with Ms. Johansson's contract and furthermore, the release of Blackness Widow on Disney+ with Premier Access has significantly enhanced her power to earn additional compensation on top of the $20M she has received to date."
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In her lawsuit, filed on Th in Los Angeles Superior Courtroom, Johansson claims that the day and date release of Marvel's Black Widow on Disney+ and in theaters was a breach of her contract. The lawsuit contends that the Disney+ release siphoned potential theatergoers, costing her potential bounty tied to the flick's theatrical revenue.
Disney'southward reference to Covid-19 referred to what the company has said has been a motivating factor for the solar day and appointment release, given the limitations on theatrical moviegoing considering of the pandemic. The company's revelation of Johansson's bounty also was an unusual, on-the-record disclosure of star flick pay.
PREVIOUSLY, 11:15 AM PT: Scarlett Johansson filed a lawsuit against Disney on Thursday, claiming that the studio breached her contract by releasing the Marvel movie Black Widow on Disney+ at the same time it was released in theaters.
The breach of contract lawsuit (read it here) was filed in Los Angeles Superior Court and takes aim at a new miracle of the studio streaming wars: twenty-four hours-and-date releases in theaters and on the streaming platforms.
The lawsuit claims that, past steering audiences to Disney+, the media conglomerate wanted to grow its subscriber base of operations and boost its stock price. Withal that was at the expense of Johansson, whose bounty would "largely be based on box office receipts," co-ordinate to the lawsuit, while she "extracted a hope from Marvel that the release" of Black Widow would be a theatrical release.
The lawsuit also claims that "Disney'south financial disclosures make clear that the very Disney executives who orchestrated this strategy will personally do good from their and Disney's misconduct," equally information technology identifies Disney CEO's Bob Chapek'southward equity grants "totaling iii.eight times his $2.5 million base salary" in 2021, with the "primary justification" for that honour being the launch of direct-to-consumer services. The lawsuit also notes that Disney executive chairman Bob Iger received the "overwhelming majority" of his $16.5 million bounty in the form of stock grants, with the company'south annual report citing the growth of Disney+.
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"In short, the message to – and from – Disney's top direction was articulate: increase Disney+ subscribers, never mind your contractual promises, and you volition be rewarded," the lawsuit states.
Johansson's attorney, John Berlinski of Kasowitz Benson Torres LLP, said in a statement: "It's no secret that Disney is releasing films like Black Widow directly onto Disney+ to increase subscribers and thereby boost the company's stock price – and that it's hiding behind Covid-19 as a pretext to do then. Simply ignoring the contracts of the artists responsible for the success of its films in furtherance of this curt-sighted strategy violates their rights and we look forward to proving as much in courtroom. This will surely not exist the last example where Hollywood talent stands up to Disney and makes information technology clear that, whatever the visitor may pretend, it has a legal obligation to honor its contracts."
Spokespersons for the company did not immediately respond to a request for comment.
The Wall Street Periodical first reported on the filing of the lawsuit.
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The lawsuit seeks unspecified amercement and names the Walt Disney Visitor as the sole accused. The claims are that the media conglomerate intentionally interfered with its Curiosity subsidiary's contract with Johansson and induced Marvel to breach it. It cites a provision of her contract spelling out that there would be a "wide theatrical release of the Flick i.eastward., no less than 1,500 screens."
The lawsuit contends that both parties understood that meant it "would initially be released exclusively in movie theatres, and that it would remain exclusively in moving-picture show theaters for a period of between approximately 90 and 120," the industry standard in 2019, when Johansson'southward understanding was finalized." When Johansson's representatives attempted to negotiate with Marvel afterwards the day-and-date plans for Blackness Widow were announced, their efforts were ignored, according to the lawsuit.
Even thoughBlack Widowposted the best Covid-era domestic opening at the box function with $80.3M, many in the industry believe money was left on the table with Disney not only burdensome the theatrical and PVOD window, but leaving the Curiosity film open for piracy — and pirated information technology was.
Black Widow, according to TorrentFreak, has been the No. 1 pirated picture show since its opening on July ix. Disney attempted to herald the flick's opening weekend acquirement, saying it made a combined global theatrical and Disney+ Premier PVOD take of $218M ($60M worldwide PVOD plus $158M global box office debut). Disney plans to trumpet similar PVOD and theatrical stats this coming weekend for its Dwayne Johnson-Emily Blunt movie Jungle Cruise, which too is available on Disney+ Premier for $29.99. However, Blackness Widow dropped 68% in its second weekend, the worst ever for a Disney/Marvel movie, indicating that piracy and PVOD had cannibalized the title. The results prompted the National Clan of Theatre Owners to slam Disney publicly for crushing the window. Black Widow volition be lucky to make $350M at the worldwide box office, a far cry from the $700M that Universal'south traditional theatrical-windowed global release F9 is prepare to practice. Marvel movies have had a streak of immigration $1 billion at the global box function in recent years.
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Disney appear farther crushing of windows this week, with Black Widow getting a 33-day theatrical window (with Disney+ Premier) before the pic'due south Baronial 10 inflow digital platforms, followed by a DVD and Blu-Ray release on September 14 and the Johansson title being completely available for free to Disney+ subscribers on October 6. This is a dissimilar window practice from Warner Bros, which has its new movies in theaters and on HBO Max for the kickoff 30-something days, and so exclusive to theaters for another month earlier any ancillary home windows occur.
Meanwhile, exhibition hasn't gotten a discount on rental terms on Disney's solar day-and-engagement releases, many theater owners tell united states of america. This compared to Warner Bros, which I'one thousand told has been generous on terms with theaters given its pandemic-era simultaneous theatrical HBO Max release plan, whereby its streaming subscribers get access to electric current theatrical movies for free.
However TBD is whether Disney continues this same twenty-four hour period theatrical/Disney+ Premier strategy. The remainder of its upcoming theatrical slate, which includes 20th Century Studios' Free Guyand Marvel'due southShang Chi and the Legend of the Ten Rings,is expected to debut in an exclusive theatrical window.
Disney volition argue that the global pandemic and lopsided offshore markets forced it to release Black WidowandJungle Prowl on Disney+ and theaters and that it'south not giving the motion picture away for gratuitous in homes like HBO Max is with its movies. NATO asserts that this exercise simply moved PVOD money up slightly but volition impairment all downstream monies on Black Widowgoing forrard.
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Meanwhile, we hear that the Johnson and 7 Bucks camp don't plan a like attack on Disney like Johansson as they stood alongside the studio in the dynamic window plant for Jungle Prowlto go it earlier as many people equally they could during Covid. Johnson even announced the theatrical-Disney+ Premier release on his social media channels almostJungle Prowl.That movie is fix to open up to $65M this weekend at the global box part.
Large exhibition bosses like Imax's Rich Gelfond, who spoke during his company'southward 2Q earnings phone call, are hopeful that this whole dynamic window tentpole programme for Disney is temporary moving forward. Knock on wood.
In the end, nosotros could have seen that the writing was on the wall for Disney and Johansson'sBlack Widowbefore this lawsuit.
During the pic'due south release, the twice-Oscar-nominated actress told Fatherly: "I have no plans to render as Natasha. I experience really satisfied with this pic. Information technology feels like a great way to go out for this chapter of my Curiosity identity. I would love to be able to continue to collaborate with Marvel in other ways because I think in that location'south just an incredible wealth of stories in that location."
Source: https://deadline.com/2021/07/scarlett-johansson-walt-disney-co-black-widow-lawsuit-1234802440/
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