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J_ToSaveTheDay

Avenger
Oct 25, 2017
18,865
USA
She's in the right in this one. This is a contractual deviation by my judgment.

That said, I personally vastly prefer day-1 VOD format myself and hope it sticks but that filmmakers and cast members get deals that fairly adjust for the change.
 

Dragon1893

Member
Oct 25, 2017
5,448
I can't believe the amount of people on social media taking Disney's side. Corporation fucks over one of its employees with a clear contract breach and people defend it.
It's especially hilarious when I see people saying she has enough money. Because Disney obviously doesn't.
It's a shame it has to come to this.
 

rjinaz

Avenger
Oct 25, 2017
28,419
Phoenix
People trying to use the argument that because she is a millionaire she should be able to get screwed over and not get properly compensated for her work are garbage people. Hope you also get fucked by legal loopholes, assholes.
Yep, because it's EXACTLY the same thing when somebody making 30k a year gets fucked over by a company. Oh wait, they probably are already, this is America. They can ROT because they said mean things about a multimillionaire online. Fuck em! Am I rite?
 

sangreal

Banned
Oct 25, 2017
10,890
Everyone says it is clear as day and they violated the contract, but it is clear from the complaint that her contract did not guarantee any exclusive theatrical window. They're relying on what "everyone knows" and "industry standard". What will sink Disney is just that email from Marven's chief counsel

To maximize these receipts, and thereby protect her financial interests, Ms. Johansson extracted a
promise from Marvel that the release of the Picture would be a "theatrical release." As Ms.
Johansson, Disney, Marvel, and most everyone else in Hollywood knows, a "theatrical release" is
a release that is exclusive to movie theatres. Disney was well aware of this promise, but
nonetheless directed Marvel to violate its pledge and instead release the Picture on the Disney+
streaming service the very same day it was released in movie theatres.

To protect her financial interests in these box office receipts, Ms. Johansson
obtained from Marvel a valuable contractual promise that the release of the Picture would be a
"wide theatrical release." Both parties, as well as Disney, understood this meant that the Picture
would initially be released exclusively in movie theatres, and that it would remain exclusively in
movie theatres for a period of between approximately 90 and 120 days. This roughly 90-120 day
theatrical "window" was not only industry-standard at the time the Agreement was finalized but
also standard practice for prior Marvel movies distributed by Disney, including those starring Ms.
Johansson.
 

Kinthey

Avenger
Oct 27, 2017
22,348
It's kind of surprising that Disney didn't see the lawsuit coming. If she doesn't get anything from the Disney+ money because that's technically not the box office then that's of course BS
 
Oct 29, 2017
2,053
Either Disney plum forgot to renegotiate her contract to account for D+, or they were so arrogant to think they could get away with fucking her over, as if she were some newcomer who has to take what she can get.

Johannson is an enormous asshole who trips over herself to defend pedophiles, but if her allegations are true, Disney needs to pay up.
 

Gamer @ Heart

Member
Oct 26, 2017
9,639
The lawyers must have seen this coming. How did it get this far? Where they that inept or did they think she wouldn't care? She's out of the franchise. What does she have to lose?
 

sangreal

Banned
Oct 25, 2017
10,890
The lawyers must have seen this coming. How did it get this far? Where they that inept or did they think she wouldn't care? She's out of the franchise. What does she have to lose?

They knew it was coming; they blew her off

In the months leading up to this lawsuit, Ms. Johansson gave
Disney and Marvel every opportunity to right their wrong and make good on Marvel's promise.
Unlike numerous other movie studios, however – including Warner Brothers who, on information
and belief, settled with its talent on films such as Wonder Woman after it released those films
"day-and-date" to its streaming service HBO Max last year – Disney and Marvel largely ignored
Ms. Johansson, essentially forcing her to file this action.
 

MinusTydus

The Fallen
Jul 28, 2018
8,200
She is correct and she deserves to get paid.

With that being said, I hope this lawsuit causes Disney to sever all ties (if they weren't already severed) with her. I am so very over her and all her nonsense.

Take your money and kindly go away.
 

Bisha Monkey

Banned
Aug 12, 2018
775
Yep, because it's EXACTLY the same thing when somebody making 30k a year gets fucked over by a company. Oh wait, they probably are already, this is America. They can ROT because they said mean things about a multimillionaire online. Fuck em! Am I rite?
Totally, they are part of the problem, the kind of mentality that keeps the status quo in place, but that's beyond the the topic at hand.... I will just say I hope she gets paid every penny.
 

Ernest

Member
Oct 25, 2017
7,503
So.Cal.
They broke their contract, and they'll pay her (as Disney can easily afford it), and everyone will move on.
What's the big deal?
 

entrydenied

The Fallen
Oct 26, 2017
7,574
This is such a weird time to be alive as it comes to movies/production costs/theaters ....

Like if her contract was broken this is 100% exactly what she should done. cut down on the sensationalism as much as possible by waiting, didn't do a bunch of negative press stuff and most likely gets a settlement quickly because of those factors. Hopefully.

But I'm curious on how common these type of contracts will be moving into the future if there is always the possibility that day and date streaming is on the table for your flick?

The TV side of media has already seen salaries for actors change. Due to the nature of streaming, especially if they're exclusive to 1 streaming platform, like those only on Netflix forever kind of shows, actors no longer get the same amount of syndication royalties as the previous generations. So this means higher upfront payments, if I remember what I read correctly, since we are not going to get Stranger Things and Umbrella Academy going into syndication and showing up on TV channels all around the world. This also likely means streaming platforms are not going to do multi season shows just to get to the syndication minimum number of episodes, so actors will get jobs in less of those 6,7 seasons shows.

To be honest I think this will ultimately mean talents will make less money while studio executives continue to make more. It is good that she's sueing them. If Disney can screw over her, they are definitely screwing over less well known talents and workers.
 

kowhite

Member
May 14, 2019
4,434
To be honest I think this will ultimately mean talents will make less money while studio executives continue to make more. It is good that she's sueing them. If Disney can screw over her, they are definitely screwing over less well known talents and workers.

In all fairness, lesser known talent would never have a deal like this to begin with, so they wouldn't even have room to be screwed.
 

blame space

Resettlement Advisor
Banned
Oct 25, 2017
15,420
is this the part where we realize that anyone in these movies without the last name "downey" got totally screwed by disney, this lawsuit notwithstanding?
 

entrydenied

The Fallen
Oct 26, 2017
7,574
In all fairness, lesser known talent would never have a deal like this to begin with, so they wouldn't even have room to be screwed.

It depends. When Marvel was still under Ike Perlmutter, I believe they paid the main actors some 100 to 300K upfront, with most of their potential revenue from box office profits, with the option to renegotiate for sequels. Same goes for the Star Wars movies. Actors like Daisy Ridley and John Boyega had contracts that were like this. Imagine if this happened to them or to any film that they have, that are helmed by new or lesser known talents? I doubt they can sue Disney and still get hired by anyone after.
 

Senator Toadstool

Attempted to circumvent ban with alt account
Banned
Oct 25, 2017
16,651
Its a breach of contract and a material one at that. She should be entitled to expectancy damages or restitution (if they can't determine how much the contract was going to end up getting her)
 

entrydenied

The Fallen
Oct 26, 2017
7,574
This whole affair reminds me of how Robert Downey Jr. purportedly fought and encouraged his costars to fight for more pay to continue staring in the MCU films. Apparently the word was that Disney was open to recasting if they did not want to return.

metro.co.uk

Downey Jr wants better pay for Avengers

Robert Downey Jr is reportedly campaigning for his Avengers co-stars to get a pay rise for the sequel.
 

Senator Toadstool

Attempted to circumvent ban with alt account
Banned
Oct 25, 2017
16,651
John Krasinski and Emily Blount are in a standoff with Paramount over something similar with Quiet Place 2. So many of these contracts signed before Covid for bigger stars/producers were probably based on box office grosses and that's being undercut when movie runs are being either shortened or removed entirely.
They might have defenses to impracticability but even then there's still likely restitutionary damages and quasi-contract remedies if paramount or disney gets unjustly enriched over it.
 

CelticKennedy

▲ Legend ▲
Member
Sep 18, 2019
1,890
Hope she gets paid, but that really confirms she's going to stay dead.
Maybe. Though Disney would then be dealing with the fallout of refusing to work with a female actor who wanted more money. I'm sure they will have no problem just cutting her a check.

EDIT: Just saw that tweet. Wow. They are going to play it like that? Ice. Cold.
 

Soap

Member
Oct 27, 2017
15,217
I think she is likely due some sort of pay out, but realistically how well would this would have performed without streaming is entirely speculative given the pandemic. I don't really think many of the people that paid for streaming g would go to the cinema right now, but I also don't think delaying the film again would have been financially viable.
 

Instro

Member
Oct 25, 2017
15,056
Yeah, I'm not understanding that part, is she making money from the premier purchases then?
At a guess, maybe there was some part of her contract that did give her money for streaming/Disney premiere, but it was negotiated before that was scheduled to launch alongside the theater release, and is probably at a lower percentage than what she gets from the traditional box office.
 

sensui-tomo

Attempted to circumvent ban with alt account
Banned
Oct 25, 2017
4,629
I think she is likely due some sort of pay out, but realistically how well would this would have performed without streaming is entirely speculative given the pandemic. I don't really think many of the people that paid for streaming g would go to the cinema right now, but I also don't think delaying the film again would have been financially viable.
Yeah, this movie doesn't have long legs in part to covid and people not wanting streaming services nowadays (and who blames them as every movie coming out nowadays doesn't have legs outside the initial week) but technically that contract was broken so... eh she should get something out of that technicality