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Disney has filed a motion to have Scarlett Johansson’s lawsuit against the company transferred to private arbitration, the latest in the ongoing saga of its lawsuit against the company for Black Widowthe streaming version of.
Disney lawyers filed the motion on Friday in Los Angeles Superior Court on the grounds that Periwinkle Entertainment, which negotiated its deal, had agreed that any claims relating to his role in the Marvel film would be dealt with in arbitration. confidential. But the motion also took several hits at Johansson’s complaint that Marvel, forced by its parent company Disney, broke a deal when Black Widow debuted on Disney Plus via Premier Access the same day it premiered in theaters. Hollywood journalist earlier signaled the motion.
Johansson’s complaint argued that the film’s hybrid release reduced its potential revenue, as simultaneous streaming release hampered the film’s permanence at the box office and therefore impacted its bonuses. The question is whether the film should have made its theatrical exclusive debut. But according to Disney’s motion, Periwinkle’s contract with Marvel “does not mandate theatrical distribution – let alone require such distribution to be exclusive.”
In addition, according to the motion, the contract stipulated that any cinematographic obligation would be fulfilled by projections on “no less than 1,500 screens”. The motion stated that the film had in fact made its debut on more than 9,600 stages in the United States and on more than 30,000 screens worldwide. Additionally, Disney attorneys also took issue with Johansson’s claim that it lost revenue under the hybrid release model – though it’s still unclear what was specifically promised.
Echoing comments made by Disney boss Bob Chapek on the company’s latest earnings conference call, the motion said “the hybrid release model was the best thing” for Black Widow as well as all those who are attached to it.
Disney also provided updated figures on Black Window’s performance, showing that it continues to bring in big numbers both at the box office and through early access rentals. Since August 15, Black Widow grossed more than $ 367 million in box office revenue worldwide and over $ 125 million in streaming and download revenue, the motion said, offering rarely shared numbers on the success of a hybrid release in both theaters as well as on a streaming service itself. Counting the $ 55 million the film brought in on Premier Access and the $ 80 million in domestic box office receipts during its opening weekend, Black WidowThe s numbers topped the opening weekend numbers of other Marvel films released before the pandemic, the company argued, including Ant-Man and the Wasp and guardians of the galaxy.
Disney lawyers revealed in the motion that he served Periwinkle with a request for private arbitration on August 10, just over a week after Johansson’s initial complaint was filed. The motion indicated that Periwinkle had not yet responded. Disney also reiterated its previous position that the complaint was “without merit”.
Johansson’s lawyers could not be reached immediately for comment. However, in a statement cited by Hollywood journalist, his attorney John Berlinski said that Disney “knows that Marvel’s promises to give Black Widow a typical theatrical release” like his other films “had everything to do with ensuring that Disney would not cannibalize box office revenue. in order to increase Disney + subscriptions. Yet that’s exactly what happened – and we look forward to presenting the overwhelming evidence to prove it. ”
In response to the initial complaint in late July, Disney said there was “no merit in this filing.” The company also called the lawsuit “particularly sad and distressing in its utter disregard for the horrific and prolonged global effects of the COVID-19 pandemic,” adding that Johansson has earned $ 20 million to date.
A number of entertainment industry organizations – including Women in Film, ReFrame and Time’s Up – have criticized Disney’s response to the lawsuit, saying “the attack on gendered characters has no place in a trade conflict and contributes to an environment in which women and girls are seen as less able than men to protect their own interests without facing ad hominem criticism. Last week, Marvel Cinematic Universe star Elizabeth Olsen, also expressed support for Johansson in an interview with Vanity Fair.
“I think she’s so tough and literally when I read I was like ‘good for you Scarlett’,” Olsen said.
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