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re: So Disney has cancelled Scarlett Johansson led Tower of Terror film? Ouch!

Posted on 8/12/21 at 10:31 am to
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
59315 posts
Posted on 8/12/21 at 10:31 am to
quote:

Not sure I understand this thread. Is Disney supposed to keep working with a person that is actively suing them?


There's not a lot to understand.

Scarlett signed a contract with them to take less money up front for a cut of box office sales when "opening" a movie was still strictly via the box office. Disney then screwed her by opening it to stream (at ~2x the box office ticket price) the same day it opened in the box office but is not including the streams as box office ticket sales.

By not even offering to include streaming buys as box office take Disney is showing they are more than willing to be deceptive in how they handle their contracts.
Posted by Rou Leed
Member since Jun 2015
1796 posts
Posted on 8/12/21 at 10:35 am to
Well the thing projected to tank and tanked at the box office. ScoJo needs to read a comic book. They tried to put glasses on the hulk and sales went into the shitter. Turned out people wanted to see him smash. Similarly, ScoJo needs to um focus more on her smashability and lighten up on the empowerment.
This post was edited on 8/12/21 at 10:36 am
Posted by JasonMason
Memphis
Member since Jun 2009
4931 posts
Posted on 8/12/21 at 10:35 am to
quote:

Disney clearly lowered the theatrical gross significantly through their own actions.



You know, I wonder how you'd quantify that. I'm not sure it would be "significant". I didn't buy it on disney+ or see it in theaters. I'm more than happy to wait until it's available on disney+ that I'm already paying for. I wouldn't be surprised if there are people who bought it on disney+ that didn't have any intention of seeing it in theaters. Now if you want to talk about pre-pandemic, then yeah it probably would have had a better release.

I'm sure it will all get worked out in court.

As far as I could tell at the time, the disney+ numbers they did release were world wide. Maybe some places didn't even have theaters open. I'm of the belief the longer this movie was left unreleased, the more interest in it faded.
This post was edited on 8/12/21 at 10:39 am
Posted by jbraua
Oklahoma City, OK
Member since Oct 2007
7794 posts
Posted on 8/12/21 at 10:48 am to
quote:

And her pay was also tied into a percentage of the theatrical gross.



Which is a common industry practice. Unfortunately, few were going to movies when it was released. Many theaters were still shuttered, yet it still managed to make $318 million in ticket sales. Disney's decision to stream it was not intended to screw her out of royalties, but to recover projected losses on the project through subscriptions. Look I am an attorney, and this is on Scarlett's legal team. They should have included language for a bigger guarantee if the movie flopped or a disaster clause, and failed to do so. Furthermore, they included no language in the contract to prevent Disney from streaming it.

On a purely personal note, ScarJo has a net worth of $165 million. She mad $59 Million in 2019 and $20 mil for Black Widow. It's hard to feel sorry for her and her attorneys when the average American makes $31,133. Nevertheless, Disney it taking it to arbitration and she'll come away with even more money now.
Posted by teke184
Zachary, LA
Member since Jan 2007
104097 posts
Posted on 8/12/21 at 10:55 am to
This film was supposed to be released about a month after when the shutdowns started in 2020.

Moves made AFTER Covid would have such language in there. This one was in the can and set to go when everything shut down, which got it shelved for a year.
Posted by Scruffy
Kansas City
Member since Jul 2011
77270 posts
Posted on 8/12/21 at 11:23 am to
quote:

Furthermore, they included no language in the contract to prevent Disney from streaming it.
They apparently included language stating that it would be released in theaters for a period of time PRIOR to it being streamed, something that Disney did not do and neglected to restructure with her.

Disney is in the wrong.

If they were so concerned about the pandemic and release timelines, they should have altered the contract.
quote:

It's hard to feel sorry for her and her attorneys when the average American makes $31,133. Nevertheless, Disney it taking it to arbitration and she'll come away with even more money now.
No one “feels sorry” for her.

She was wronged by a multi-billion dollar corporation.

It should be addressed.
This post was edited on 8/12/21 at 11:24 am
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
59315 posts
Posted on 8/12/21 at 11:37 am to
quote:

Well the thing projected to tank and tanked at the box office. ScoJo needs to read a comic book. They tried to put glasses on the hulk and sales went into the shitter. Turned out people wanted to see him smash. Similarly, ScoJo needs to um focus more on her smashability and lighten up on the empowerment.


All of that, with the exception of the level to which box office sales tanked, is irrelevant and misses the point of Disney purposely seeking to defraud her by adding an unnegotiated revenue stream after the fact AND that this extra stream pulls from the negotiated stream.

That's the brunt of her complaint, not whether it tanked or not.
Posted by Jay Are
Baton Rouge
Member since Nov 2014
6131 posts
Posted on 8/12/21 at 11:40 am to
quote:

Furthermore, they included no language in the contract to prevent Disney from streaming it.


This isnt quite true.

And Disney decided to share how much money the movie was making through the disney+ premium access after refusing the renegotiate the contract. That was bold, and it was basically an invitation for an actor to sue them. The studio restructuring how a movie is released would be a typical call to restructure a contact.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
59315 posts
Posted on 8/12/21 at 11:49 am to
quote:

As far as I could tell at the time, the disney+ numbers they did release were world wide. Maybe some places didn't even have theaters open. I'm of the belief the longer this movie was left unreleased, the more interest in it faded.


Undoubtedly.

quote:

I wouldn't be surprised if there are people who bought it on disney+ that didn't have any intention of seeing it in theaters.


That Friday night we had some out-of-town friends staying with us and if Black Widow had not been available streaming on D+ we would have gone to the theater to see it. So I know of at least 4 tickets which weren't sold because of the streaming access.
Posted by Dr RC
The Money Pit
Member since Aug 2011
61479 posts
Posted on 8/12/21 at 12:50 pm to
quote:

Well the thing projected to tank and tanked at the box office.


It's the highest grossing domestic release this year beating out Fast 9 which had an exclusive theatrical release. Disney even bragged that it made $60 million on D+ sales on opening weekend.
Posted by Rou Leed
Member since Jun 2015
1796 posts
Posted on 8/12/21 at 1:28 pm to
Well what exactly is she complaining about then if it did so great?
This post was edited on 8/12/21 at 1:35 pm
Posted by Fewer Kilometers
Baton Rouge
Member since Dec 2007
38447 posts
Posted on 8/12/21 at 1:40 pm to
quote:

Well what exactly is she complaining about then if it did so great?

Have you read this thread? Doesn't matter if they did a billion in the theaters. If they release it on streaming before the agreed upon waiting period, they've breached their contract with her.
Posted by DirtyDawg
President of the East Cobb Snobs
Member since Aug 2013
15551 posts
Posted on 8/12/21 at 1:44 pm to
quote:

You mean they did something that literally every company in the world is doing?



Does every company have the sort of "frick you" money that Disney has laying around?


They should be better than nickel and diming their talent.
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
49487 posts
Posted on 8/12/21 at 2:04 pm to
quote:

Scarjo had a good thing going
its called owning a cooter that others want.
Posted by Rou Leed
Member since Jun 2015
1796 posts
Posted on 8/12/21 at 2:48 pm to
Seems like it would be difficult to prove Disney intentionally sabotaged the gross of the highest grossing movie out now.
This post was edited on 8/12/21 at 3:08 pm
Posted by League Champs
Bayou Self
Member since Oct 2012
10340 posts
Posted on 8/12/21 at 2:52 pm to
quote:

They apparently included language stating that it would be released in theaters for a period of time PRIOR to it being streamed, something that Disney did not do and neglected to restructure with her.

That sounds good and all, but Scarjo's lawyers are touting the section that details time between release and streaming. Disney said their interpretation was without merit, and emphasized the word "prolonged" in their rebuttal. One has to believe that Disney has some pretty damn good lawyers. I'm giving them the edge that somewhere in that contract, the official release window was voided by theater closures. And since BW sat in a can for a year, my guess is Disney had no restrictions on streaming it at that point.
Posted by teke184
Zachary, LA
Member since Jan 2007
104097 posts
Posted on 8/12/21 at 2:53 pm to
quote:

Seems like it would be difficult to prove Disney intentionally sabotaged the gross of the highest grossing movie out now.




I believe the contract called for an exclusivity window on theatrical release of X days before streaming, home video, etc.

Releasing the film concurrently in theaters and on D+, even as a $30 premium, is still a violation of contract and arguably any money received from that premium should count toward her gross points rather than a separate revenue stream.
Posted by Grievous Angel
Tuscaloosa, AL
Member since Dec 2008
10895 posts
Posted on 8/12/21 at 2:53 pm to
quote:

Tower of Terror


Oh no. I was looking to forward to Jungle Cruise, this, and all the other ride-based movies.

They've done such a good job with Star Wars and MCU, basically crowding out anything a grown up might want to see...

Posted by Bard
Definitely NOT an admin
Member since Oct 2008
59315 posts
Posted on 8/12/21 at 3:50 pm to
quote:

Well what exactly is she complaining about then if it did so great?


I've explained it to you twice already.

Posted by Jay Are
Baton Rouge
Member since Nov 2014
6131 posts
Posted on 8/12/21 at 4:30 pm to
quote:

Seems like it would be difficult to prove Disney intentionally sabotaged the gross of the highest grossing movie out now


Which is why no one is trying to prove that.
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