Scarlett Johansson has filed a lawsuit against the Walt Disney Company, accusing them of breaking her contract by releasing Black Widow on Disney+ at the same time it premiered in theaters.
According to the complaint filed in Los Angeles County's Superior Court, Johansson claims that the simultaneous release allowed Disney to pay her less because her compensation was supposed to be based on box office receipts.
The lawsuit states that Johansson had secured a promise from Marvel that the movie would have a theatrical release only.
Johansson believed that a “theatrical release” meant an exclusive release in movie theaters, and Disney was well aware of this promise.
However, they directed Marvel to release the film on Disney+ streaming service on the same day it hit theaters.
The lawsuit alleges that Disney wanted to attract the film's audience to its streaming service and devalue Johansson's agreement.
Despite giving Disney and Marvel multiple opportunities to rectify the situation, Johansson claims they ignored her, forcing her to take legal action.
The lawsuit accuses Disney of intentional interference with contractual relations and inducing breach of contract.
Johansson is seeking monetary and punitive damages, and she has demanded a jury trial.
This lawsuit may be the first of its kind against Disney, as there are reports that Emma Stone is also considering suing Disney over the release of Cruella on Disney+.
Disney has responded to the lawsuit, stating that there is no merit to the filing.
They claim that they have fully complied with Johansson's contract and that the release of Black Widow on Disney+ has actually enhanced her ability to earn additional compensation.
However, sources familiar with Johansson's contract estimate that the decision to release the film online could cost her more than $50 million.
In response to Disney's statement, Johansson's agent, Bryan Lourd, defended her and criticized Disney for falsely accusing her of being insensitive to the global COVID pandemic.
The case may ultimately hinge on how the term “wide theatrical release” is defined in Johansson's contract.
While the contract does not explicitly state that the film cannot be released online, Johansson's lawsuit argues that a wide theatrical release means the film should have run exclusively in theaters for several months.
The lawsuit highlights that all of Johansson's previous Marvel films had theatrical windows of at least 96 days, and it took months before they were available for streaming.
However, Disney announced that Black Widow would be released simultaneously on Disney+ and in theaters, with viewers on Disney+ paying an additional fee of $30 to access the film.
Johansson and her representatives attempted to negotiate with Marvel to reach an alternative understanding, but Marvel ignored their outreach.
The lawsuit claims that Disney's breach of the agreement diverted fans from theaters to Disney+ and saved them significant amounts of money they would have owed Johansson.
The lawsuit also points out that Disney executives stand to benefit from the success of Disney+.
Disney's CEO, Robert Chapek, was awarded equity grants based on the growth of the streaming service.
This further supports Johansson's claim that Disney prioritized increasing Disney+ subscribers over honoring contractual promises.
There are reports that Marvel Studios' President Kevin Feige was against a hybrid release, but Disney overruled him.
Feige reportedly tried to convince Disney to delay the Disney+ release until after a standard theatrical window and is said to be angry and embarrassed about the decision.
This lawsuit raises important questions about the future of film distribution and the impact of streaming services on actors' compensation.
It remains to be seen how the court will interpret the contract and whether other actors will follow Johansson's lead in taking legal action against Disney.
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