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re: Scarlett Johansson Sues Disney Over ‘Black Widow’ Streaming Release

Posted on 7/29/21 at 1:40 pm to
Posted by Dr RC
The Money Pit
Member since Aug 2011
58035 posts
Posted on 7/29/21 at 1:40 pm to
quote:

Problem is there is no real “streaming profit” to based it off of and there isn’t really any reliable and reportable data about 1 movie streamings impact on the companies bottom line.




Disney straight up released what they made opening weekend off streaming. At minimum she should be getting a cut of the $60 million they claimed it made off it's first 4 days on D+.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
66342 posts
Posted on 7/29/21 at 1:44 pm to
quote:

..then it seems like Disney is in the wrong. I'd imagine they'd either owe her some sort of payment, or a portion of purchases on D+ (assuming it was a paid one and not included in a regular subscription).


They will definitely end up paying her something.

Gotta hash out what the breach is worth. She would have made more money if they released it in studios only, but not the same amount as pre-covid
Posted by madmaxvol
Infinity + 1 Posts
Member since Oct 2011
19125 posts
Posted on 7/29/21 at 1:46 pm to
quote:

Disney will prob offer her a similar deal Warner Bros gave Gal Gadot for streaming WW2 on HBO Max.




In hindsight...she should have to shell out money to everyone who sat through that wretched piece of garbage.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
59530 posts
Posted on 7/29/21 at 1:48 pm to
quote:

Arguably, the biggest harm done to Black Widow's box office was not releasing it in March 2019 instead of Captain Marvel.

It would've ratched up the stakes of Natasha's sacrifice on Vormir. Plus, the speculation is that Yelena got dusted, so she did it in the hopes of bringing her back.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51461 posts
Posted on 7/29/21 at 1:49 pm to
quote:

Problem is there is no real “streaming profit” to based it off of and there isn’t really any reliable and reportable data about 1 movie streamings impact on the companies bottom line.


I guarantee Disney has the numbers on how many people purchased the movie through D+ and how often it has been streamed.

From all accounts Johansson's contract was for a cut of box office returns, at the very least she should be getting the same cut of the payments for streaming. If I were the judge I would instead hold Disney to the per-viewing number as being the streaming/box-office count as the streaming purchase was a timed rental.
Posted by imjustafatkid
Alabama
Member since Dec 2011
50280 posts
Posted on 7/29/21 at 1:50 pm to


Suing against the best interests of actors. Theaters are dead.
Posted by boxcarbarney
Above all things, be a man
Member since Jul 2007
22700 posts
Posted on 7/29/21 at 2:08 pm to
quote:




Holy shite! She's lefthanded?
Posted by Dr RC
The Money Pit
Member since Aug 2011
58035 posts
Posted on 7/29/21 at 2:13 pm to
quote:

If I were the judge I would instead hold Disney to the per-viewing number as being the streaming/box-office count as the streaming purchase was a timed rental.


Agreed. Every single viewing should count as an individual ticket. Disney knows damn well that a large number of people who bought it on D+ did so to watch it with multiple people either in their own home or with account sharing so to paying her for just for each $30 purchase is not enough IMO. Since you can't say how many people actually viewed at home a per stream payment is the best way to split the difference.
Posted by Weekend Warrior79
Member since Aug 2014
16285 posts
Posted on 7/29/21 at 2:18 pm to
quote:

Problem is there is no real “streaming profit” to based it off of and there isn’t really any reliable and reportable data about 1 movie streamings impact on the companies bottom line.


Would be hard to determine the damages, but wonder if her team would be able to utilize the # of times it was watched on D+ over the specified time frame as "a lost ticket purchase"

Although, the single ticket approach won't account for the fact that a single viewing would have been multiple tickets at the theater. Also, if you purchase the right to watch on D+, is it a 1 time watch or do you "own" the ability to keep going back for multiple views.

Edit: guess I should have clicked on page 2 before regurgitating the same thig as others
This post was edited on 7/29/21 at 2:21 pm
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
66342 posts
Posted on 7/29/21 at 3:09 pm to
quote:

Agreed. Every single viewing should count as an individual ticket.


That assumes everyone streaming it would have gone to a theatre to see it, and I don’t think that’s true.

Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89477 posts
Posted on 7/29/21 at 3:40 pm to
quote:

At least now we know what character won't be resurrected with the multiverse.

Or at least what actress' version of a character.


Yeah, they already have a new Black Widow.
Posted by jbraua
Oklahoma City, OK
Member since Oct 2007
6790 posts
Posted on 7/29/21 at 3:43 pm to
She probably does have a case if that was indeed part of her contract, which usually is. And let's be clear it's not really her that's suing as much as it is her money team: agents, managers, etc. Celebs have people who handle and advise on these things.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89477 posts
Posted on 7/29/21 at 3:44 pm to
quote:

They will definitely end up paying her something.


Yes, because she's right. Dumb, but right. How her agent and other advisors allowed her to sue (unless there is some insanely short statute of limitations) at this point, at this high a profile thing when it all could have been settled quietly and not scuttled her reputation with Marvel, Disney or other studios is beyond me. Maybe Disney told her to pound sand (not smart), or maybe something else is in play.

Hell, maybe she has enough money from films and is going to move to NY and do Broadway for 10 or 15 years, but this isn't a good move for a high dollar film star, however much money Disney throws at her to make it go away in 6 or 7 months.
Posted by Dr RC
The Money Pit
Member since Aug 2011
58035 posts
Posted on 7/29/21 at 3:44 pm to
quote:

That assumes everyone streaming it would have gone to a theatre to see it, and I don’t think that’s true.


Tough shite for Disney. They were the ones who broke the contract and it's clear that a large amount of the D+ buys had multiple viewers. Disney themselves openly talked about how it was a good way for families to see the movie. If I was making the ruling I'd have no sympathy for Disney on this. They are blatantly trying to get out of paying what they owe her on the contract.
This post was edited on 7/29/21 at 3:46 pm
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
66342 posts
Posted on 7/29/21 at 3:46 pm to
quote:

Tough shite for Disney. They were the ones who broke the contract and it's clear that a large amount of the D+ buys had multiple viewers. Disney themselves openly talked about how it was a good way for families to see the movie. If I was making the ruling I'd have no sympathy for them on this.


She owed what she would have made if they didn’t release it on Disney plus, nothing more or less. This isn’t something they would have punitive damages for.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
66342 posts
Posted on 7/29/21 at 3:48 pm to
quote:

Yes, because she's right. Dumb, but right. How her agent and other advisors allowed her to sue (unless there is some insanely short statute of limitations) at this point, at this high a profile thing when it all could have been settled quietly and not scuttled her reputation with Marvel, Disney or other studios is beyond me. Maybe Disney told her to pound sand (not smart), or maybe something else is in play.


Nah public opinion is leverage in negotiation.

I don’t think many people disagree with her and you’ve seen a few other stars for the same thing

Gal Gadot
John Keasinki and Emily Blunt for a quite place.

Article keep talking about this as a pro Disney+ thing, this is a “we need to release this movie and we’ll lose our shirts releasing it studio only during a pandemic thing”
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
9292 posts
Posted on 7/29/21 at 3:51 pm to
quote:

That assumes everyone streaming it would have gone to a theatre to see it, and I don’t think that’s true.

Yeah, this is the hard part.

If her contract does indeed guarantee an exclusive theatrical release, then it should be pretty easy to show that Disney violated the terms.

Quantifying the damages is much more difficult. You likely have multiple viewers per streaming order, but at the same time it’s unlikely that all of those viewers would have gone to see the movie in the theater. And then there’s the question: did Disney reduce box office sales by releasing the movie on D+, or did they release it on D+ because of lower box office sales since COVID?

I can only imagine the bullshite math that would be presented by both sides of this were to go to court.

I suspect there will be a settlement, and this will ultimately contribute to new industry norms being established for the “simultaneous release” business model.
Posted by Dr RC
The Money Pit
Member since Aug 2011
58035 posts
Posted on 7/29/21 at 3:52 pm to
quote:

She owed what she would have made if they didn’t release it on Disney plus, nothing more or less. This isn’t something they would have punitive damages for.


We don't know what it would have made w/o it releasing simultaneously on D+. The only way to come up with any kind of judgement as to how it would have done with a theatrical only release is to see how many views it had.

Again, Disney is blatantly trying to get out of paying what they owe. They are the ones who flagrantly broke their contract. They are the ones who bragged about how much money it made through streaming the first 4 days. They are the ones who allowed it to be streamed as many times as a buyer wants through as many profiles as they want. They have the data on how often it's been streamed. They have the data on how many profiles per account it's been streamed. They even have the data on what location and device each account is streaming from. Putting it on D+ 100% tanked a good percentage of what it would have made in theaters. This is undeniable. As they are the ones trying to avoid payment for box office results by putting it on a streaming service they should be responsible for all of the streams. Period.

Hell, this is exactly why Christopher Nolan blew a gasket and said he'd never work with Warner Bros again when they released Tenet on HBOMax. It's obvious the studios are trying to frick people over and they should not be allowed to get away with such a blatant end around their contracts.
This post was edited on 7/29/21 at 3:56 pm
Posted by UMRealist
Member since Feb 2013
35360 posts
Posted on 7/29/21 at 3:58 pm to
quote:

She owed what she would have made if they didn’t release it on Disney plus, nothing more or less. This isn’t something they would have punitive damages for.
and how do they determine what she’s owed when Disney took away the only opportunity to find out?
This post was edited on 7/29/21 at 4:02 pm
Posted by finchmeister08
Member since Mar 2011
35587 posts
Posted on 7/29/21 at 4:00 pm to
quote:

Scarlett Johansson


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