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

Posted on 7/29/21 at 9:32 pm to
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89552 posts
Posted on 7/29/21 at 9:32 pm to
quote:

According to the reporting in Variety she, her agent, and her agency all reached out to Disney to rework her deal when they announced it was going to release on D+ but Disney refused to call any of them back. I'm not sure there was much more her they could do behind the scenes if Disney has straight ghosted them.


Fair enough, but if you have the contract and the other side is in breach, you have the luxury of the high ground, unless I'm missing something on the procedural side.

And, maybe I'm not thinking it through - put the pressure on Disney now with the film still fresh in folks' minds. I'm just of the old school - litigate ONLY if you have to. You never know what a judge and jury are going to do.

Maybe, from a technical standpoint, filing suit now, get an injunction and start discovery in real time before things get too stale might be the right call from a strictly legal strategy standpoint. It ignores the fact that she is still a working actress who is used to 8-figure salary for films. Studios will always factor in how problematic an actor is before signing them on to a project. Litigation is just as big a lodestone as being unprofessional or substance abuse, IMHO.
This post was edited on 7/29/21 at 9:44 pm
Posted by Dr RC
The Money Pit
Member since Aug 2011
58084 posts
Posted on 7/29/21 at 9:59 pm to
quote:

Studios will always factor in how problematic an actor is before signing them on to a project. Litigation is just as big a lodestone as being unprofessional or substance abuse, IMHO.


True but I'm thinking quite a few actors and directors are about to start suing the studios over this stuff.

Denzel Washington was pissed about The Little Things getting a day and date release on HBOMax. LINK John Krasinski and Emily Blunt are angry at Paramount for cutting the theatrical run of A Quiet Place II in half from 90 days to 45 days in order to put it on Paramount+. LINK Mark Wahlberg was also upset that Paramount decided to skip a theatrical release entirely for Infinite and then didn't even bother to let him know until the day before they put out a press release. LINK Christopher Nolan was so angry at WB for putting Tenet on HBOMax he's probably never going to work with them again. LINK

It would be one thing had these movie deals been made with the idea they would be streaming at the same time they were in theaters or would have short theatrical runs and then go straight to streaming. But to unilaterally change the release strategy and then refuse to compensate the people who had their pay contingent on reaching certain box office numbers is extremely poor form.

This post was edited on 7/29/21 at 10:27 pm
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 7/29/21 at 10:02 pm to
quote:

It ignores the fact that she is still a working actress who is used to 8-figure salary for films. Studios will always factor in how problematic an actor is before signing them on to a project. Litigation is just as big a lodestone as being unprofessional or substance abuse, IMHO.


Scarlett's total net worth is 165 million. Not exactly hurting for money there.

If her finances are managed well, she and her immediate descendants will live an extremely comfortable lifestyle without ever having to work a single day at all.

If she's bringing this lawsuit forward, that tells me she's doing so with the awareness that Disney could and will likely retaliate by using their influence to send her career straight into the shitter; and she's fine with that as long as the precedent is set and she gets her money from this suit.
Posted by teke184
Zachary, LA
Member since Jan 2007
95789 posts
Posted on 7/29/21 at 10:20 pm to
This was available as a $30 add-on to D+. So there was most definitely steaming income directly attributable to the film.

This isn’t like Soul being released for free on D+ or WW84 on HBO Max.
Posted by teke184
Zachary, LA
Member since Jan 2007
95789 posts
Posted on 7/29/21 at 10:23 pm to
Certain filmmakers have been pissed since the second the day and date streaming by HBO Max was announced.

I know the filmmakers behind Dune in particular were pissed over it.
Posted by RLDSC FAN
Rancho Cucamonga, CA
Member since Nov 2008
51637 posts
Posted on 7/29/21 at 10:28 pm to
It's a freaking crime that Dune isn't a theater exclusive
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71428 posts
Posted on 7/29/21 at 10:31 pm to
quote:

“There is no merit whatsoever to this filing. The lawsuit is especially sad and distressing in its callous disregard for the horrific and prolonged global effects of the COVID-19 pandemic.”


Except they are allegedly screwing their talent during said virus.
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
9412 posts
Posted on 7/29/21 at 10:41 pm to
quote:

It would be one thing had these movie deals been made with the idea they would be streaming at the same time they were in theaters or would have short theatrical runs and then go straight to streaming. But to unilaterally change the release strategy and then refuse to compensate the people who had their pay contingent on reaching certain box office numbers is extremely poor form.

All of this, and just to add - there’s also the matter of precedent. The entire big-budget film industry business model is changing, and I suspect a lot of the ongoing strife is about the various parties trying to set the status quo.

Disney is charging $29.99 to stream Black Widow right now. Plus the D+ subscription. Granted, you have multiple people watching a stream. But how much money from a $9.00 ticket at the actual theater makes it back to Disney? There’s a supply chain involved, including the theater itself. Let’s say Disney collects $8.00 from each ticket for the sake of argument.

If you had an average of two viewers per stream, that would be $30 compared to $16 at the movie theater. Almost double the revenue without counting the Disney+ subscriptions. Now let’s say, again for the sake of argument, that 50% of potential viewers choose to stream instead of going to the theater. That means for every $100 worth of box office revenue under the old system, you now have $50 worth of box office revenue and $94 worth of streaming revenue.

So if you’re an actor/actress with an incentive based on box office sales, your cut gets reduced by 50% while Disney’s top line revenue increases by nearly 50%. Your incentive as a percentage of sales basically got reduced to 1/3 of its previous value. That’s a massive redistribution and I imagine the actors/actresses/directors/writers/etc. that are paid this way will fight tooth and nail to prevent it.
Posted by mizzoubuckeyeiowa
Member since Nov 2015
35549 posts
Posted on 7/29/21 at 10:42 pm to
quote:


I also wonder what the box office would've been like even without D+...I can't imagine Black Widow is some huge draw


She'll probably get a way better deal in settlement than under her contract.
Posted by teke184
Zachary, LA
Member since Jan 2007
95789 posts
Posted on 7/29/21 at 11:07 pm to
I’m fuzzy on the exact math right now but I think the rough number on what the studio gets on the theatrical gross is 50%.

That is in part dependent on which week of release a film is in, as the studio gets a bigger cut of the first few weeks than it does if the film has legs and stays in theaters for a year like Titanic. Paramount still made money but the percentage on week 52 was far lower than week 5.

That also doesn’t go into the costs of distribution for a theatrical release vs a digital release. A theatrical release requires prints be struck and sent out OR be sent as digital downloads to the theater. Streaming on a service requires far less in the way of resources.


TLDR, you are correct that Disney nets far more on a $30 purchase through D+ than it would for people buying 2-3 theatrical tickets because of all the costs it doesn’t have to pay due to owning the film and the streaming service.


Posted by RLDSC FAN
Rancho Cucamonga, CA
Member since Nov 2008
51637 posts
Posted on 7/30/21 at 12:20 am to
quote:

TLDR, you are correct that Disney nets far more on a $30 purchase through D+ than it would for people buying 2-3 theatrical tickets because of all the costs it doesn’t have to pay due to owning the film and the streaming service.



Sure, but you also lose out on money because of piracy. Black Widow has been hit hard by piracy.
Posted by Hester Carries
Member since Sep 2012
22445 posts
Posted on 7/30/21 at 12:48 am to
quote:

simultaneous release


California Rest In Peace
Posted by nicholastiger
Member since Jan 2004
42710 posts
Posted on 7/30/21 at 6:01 am to
She pissed she’s losing that big mcu payday
And now Disney will blackball her
Posted by BlackAdam
Member since Jan 2016
6456 posts
Posted on 7/30/21 at 6:47 am to
quote:

I have to assume it's gross, since no actor would be stupid enough to take a "net" deal with Hollywood Accounting being a thing.


No movie has ever made a net profit. Net deals pay nothing.
Posted by Flair Chops
to the west, my soul is bound
Member since Nov 2010
35572 posts
Posted on 7/30/21 at 7:02 am to
quote:

They tried to pull a fast on in her and reduce her back end,
Let's be honest, if I were messing around in her back end, it would be a fast one too
Posted by teke184
Zachary, LA
Member since Jan 2007
95789 posts
Posted on 7/30/21 at 8:27 am to
quote:

She pissed she’s losing that big mcu payday
And now Disney will blackball her


Well her MCU character is deader than dead in the main universe, so just short of bringing back an alternate reality version, it isn't like she is going to be doing much as part of that.

And while Disney / Fox is pretty damn big, they aren't the only fish in the sea. And a lot of films are made by different production companies and then shopped to studios, so Disney may not be able to say "Can't use her" as much as having to pass on a movie they may want where she is in it.
Posted by BlackAdam
Member since Jan 2016
6456 posts
Posted on 7/30/21 at 9:01 am to
Disney won't blacklist her. This will settle amicably.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51688 posts
Posted on 7/30/21 at 9:15 am to
quote:

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


It's a safe enough assumption when contrasted against the streaming price being $30 vs ~$15 per box office ticket.
That high streaming price was caused people to stream it before groups and would be more likely for someone to watch it multiple times than going to the theater multiple times.

Anecdote: My best friend and his wife stayed with us that Friday night as they were passing through so he, his wife, my wife and myself all watched it together from the comfort of my living room. It was cheaper and more convenient for all of us to watch it that way than go to the theater.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51688 posts
Posted on 7/30/21 at 9:18 am to
quote:

Disney won't blacklist her. This will settle amicably.


Agreed. Disney is making a killing with Marvel cinematics right now. This draws big names and those big names draw more interest.

Scarlett is one of the biggest names in Hollywood right now, shitting on her so publicly would cause a lot of trouble with the big names who may be about to sign and whose contracts are coming up for renewal.

Also, you just know some group would pop up to propone the idea that Disney did it to her only because they thought they could get away with it because she's a woman. If they'll drop Carano over the faux-rage of a fairly innocuous tweet, they'll move heaven and earth to not be cast as misogynistic.
This post was edited on 7/30/21 at 9:21 am
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51688 posts
Posted on 7/30/21 at 9:21 am to
quote:

No movie has ever made a net profit. Net deals pay nothing.


Well, there's reality and there's "creative accounting".
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