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Scarlett Johansson’s lawyers want to spend their day in court.
The legal team responded over the weekend to a Disney court case requesting private arbitration of its “Black Widow” lawsuit.
“After initially responding to this litigation with a misogynist attack on Scarlett Johansson, Disney is now, as expected, trying to hide its misconduct in confidential arbitration,” said John Berlinski, attorney at Kasowitz Benson Torres who represents Johansson, in a statement on Saturday. .
“Why is Disney so afraid to argue this case in public? ” He asked.
Since July 29, when Johansson filed a lawsuit against the entertainment giant for breach of contract, lawyers on either side of the lawsuit have traded pikes in the press. Disney says it has honored its end of the deal by giving the film a wide theatrical release, while lawyers for Johansson say the company has cut back during the pandemic to bolster its new streaming service and deny their customers millions of dollars. backend payments.
Disney’s latest case, which was submitted to Los Angeles County Superior Court on Friday, seeks to keep future legal battles behind closed doors. The company claims that Periwinkle, the company representing Johansson, has agreed that all claims “arising out of, relating to or relating to” Johansson’s “Black Widow” work be referred to confidential and binding arbitration in New York.
He also disputed that Marvel had not been named as a party to the lawsuit, suggesting that Johansson’s attorneys were using the “art of the game” to generate publicity by targeting the studio’s parent company. If Marvel had been named, according to the lawsuit, the lawsuit would automatically have gone to private arbitration.
Disney’s main argument against Johansson is that it adhered to the “grand theatrical release” requirement of the contract which stipulated that the film would not be placed on less than 1,500 screens.
“There is nothing in the agreement requiring that a ‘wide theatrical release’ also be an ‘exclusive’ theatrical release,” says the Disney file.
Disney also said it assured the actor that 100% of the proceeds from streaming revenue would be used to calculate additional compensation.
On the other side of the lawsuit, Johansson claims his deal with Disney’s Marvel Entertainment guaranteed an exclusive theatrical release for his solo film. Its lawyers said the language of the contract indicated that the Marvel film would get a typical theatrical release “like its other films.” No other Marvel movie has been streaming alongside its theatrical release.
The actor’s initial contract was signed two years before the launch of Disney +. According to Johansson’s lawsuit, the actor contacted Marvel in early 2019 after Disney executives suggested the new streaming service could be used to launch titles from his comic book franchise.
His trial includes a response from Marvel’s chief counsel.
“We understand that if the plan were to change, we would need to discuss it with you and come to an agreement as the deal is based on a series of (very big) box office bonuses,” the response reads.
Johansson’s contract was negotiated to include a percentage of the film’s box office revenue. The actor would be compensated if the film passed certain milestones during its theatrical release.
The Marvel Cinematic Universe has a record of box office success, generating nearly $ 23 billion in ticket sales since 2008. Only eight of Marvel’s 24 films have grossed less than $ 700 million in worldwide sales, and only three totaled less than $ 400 million. On average, these franchise films gross nearly $ 1 billion worldwide during their theatrical releases.
Johansson has played the role of Natasha Romanoff in eight Marvel films, which have collectively grossed more than $ 10.5 billion in global box office revenue over the past decade.
For comparison, so far, “Black Widow” has grossed around $ 370 million worldwide since its July 9 release. During the film’s opening weekend, Disney announced that it made $ 60 million in sales on Disney +. However, the company has not shared any additional information about the film’s digital performance since.
While Disney says he connected with Johansson about the hybrid release model in the spring of 2021, his lawsuit argues that Disney and Marvel have not responded to his attempts to negotiate new terms. The move to streaming is expected to have cost Johansson around $ 50 million in potential payouts.
Johansson’s team contends that it was Disney, and not its affiliate Marvel, that ultimately decided to release “Black Widow” in theaters and on Disney + Prime Access on the same day, so it’s Disney, and not Marvel, which broke the actor’s contract. Therefore, the case does not need to go to private arbitration and can be argued before a jury.
While many Marvel stars have remained silent on the lawsuit between the “Black Widow” star and Disney, Elizabeth Olsen, who plays Wanda Maximoff, aka the Scarlet Witch, commented on the situation in an interview with Vanity Fair released Friday.
“I think she’s so tough and literally when I read I was like ‘good for you Scarlett,’ the actor said.
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