Never cross a super-assassin: Scarlett Johansson, who has played the Marvel character Black Widow in eight blockbuster films, sued the Walt Disney Company on Thursday over its pandemic-era streaming strategy. The lawsuit marked a sharp escalation in a festering standoff between movie actors and media companies over compensation in the streaming age.<\/p>\n
The complaint, filed in Los Angeles Superior Court, claims that Disney breached her contract when it released \u201cBlack Widow\u201d simultaneously in theaters and on Disney+ earlier this month. Ms. Johansson\u2019s suit said that Disney had promised that \u201cBlack Widow\u201d would receive an exclusive release in theaters for approximately 90 to 120 days and that her compensation \u2014 based largely on bonuses tied to ticket sales \u2014 was gutted as a result of the hybrid release. Simultaneous availability on Disney+, where subscribers could watch the film instantly (and have permanent access to it) for a $30 surcharge, \u201cdramatically decreased box office revenue,\u201d Ms. Johansson said in the suit.<\/p>\n
\u201cThere is no merit whatsoever to this filing,\u201d Disney said in a statement.<\/p>\n
Over its first three days in theaters, \u201cBlack Widow\u201d collected $158 million at theaters worldwide and took in about $60 million on Disney+ Premier Access. Total ticket sales now stand at $327 million, the lowest total for a Marvel Studios release since 2008, when \u201cThe Incredible Hulk\u201d collected $265 million (or $341 million in today\u2019s dollars). Disney has not given a running total for Disney+ sales of \u201cBlack Widow.\u201d<\/p>\n
Making \u201cBlack Widow\u201d available on Disney+ could cost Ms. Johansson more than $50 million, according to two people briefed on her contract, who spoke on the condition of anonymity to discuss the private agreement. That is how much Ms. Johansson would have made if \u201cBlack Widow\u201d had approached $1 billion in global ticket sales; \u201cCaptain Marvel\u201d and \u201cBlack Panther\u201d both exceeded that threshold in prepandemic release.<\/p>\n
Films released during the pandemic \u2014 including those that have received exclusive theatrical releases \u2014 have largely disappointed at the box office, with many consumers demonstrating a reluctance to return to theaters. The entire film ecosystem has been hurt as a result: cinema chains, stars, studios.<\/p>\n
\u201cFirst, Disney wanted to lure the picture\u2019s audience away from movie theaters and towards its own streaming service, where it could keep the revenues for itself while simultaneously growing the Disney+ subscriber base, a proven way to boost Disney\u2019s stock price,\u201d the suit, which was first reported on by The Wall Street Journal, claimed. \u201cSecond, Disney wanted to substantially devalue Ms. Johansson\u2019s agreement and thereby enrich itself.\u201d<\/p>\n
Disney\u2019s statement called the lawsuit \u201cespecially sad and distressing in its callous disregard for the horrific and prolonged global effects of the Covid-19 pandemic.\u201d The company added, \u201cDisney has fully complied with Ms. Johansson\u2019s contract and furthermore, the release of \u2018Black Widow\u2019 on Disney+ with Premier Access has significantly enhanced her ability to earn additional compensation on top of the $20 million she has received to date.\u201d<\/p>\n
\u201cBlack Widow\u201d was initially scheduled for exclusive theatrical release in May of last year. Disney ended up postponing the film\u2019s release three times as the pandemic dragged on.<\/p>\n
Disney, citing the ongoing coronavirus threat, ultimately decided to release several major movies simultaneously in theaters and on Disney+ Premier Access. It used the strategy in May for \u201cCruella,\u201d which starred Emma Stone and took in $221 million worldwide. (Disney has kept Disney+ revenue for \u201cCruella\u201d a secret.) On Friday, Disney will give the same treatment to \u201cThe Jungle Cruise,\u201d a comedic adventure that stars Emily Blunt and Dwayne Johnson. It is not known if Ms. Stone, Ms. Blunt or Mr. Johnson renegotiated their contracts with Disney as a result.<\/p>\n
In December, WarnerMedia kicked a hornet\u2019s nest by abruptly announcing that more than a dozen Warner Bros. movies \u2014 the studio\u2019s entire 2021 slate \u2014 would each arrive in theaters and on HBO Max. The decision prompted an outcry from major stars and their agents over the potential loss of box office-related compensation, forcing Warner Bros. to make new deals. It ultimately paid roughly $200 million to thwart the rebellion.<\/p>\n
The deeper question is this: If old-line studios are no longer trying to maximize the box office for each film but instead shifting to a hybrid model where success is judged partly by ticket sales and partly by the number of streaming subscriptions sold, what does that mean for how stars are paid \u2014 and where they make their movies?<\/p>\n
The traditional model, the one that studios have used for decades to make high-profile film deals, involves paying small fees upfront and then sharing a portion of the revenue from ticket sales. The bigger the hit, the bigger the \u201cback end\u201d paydays for certain actors, directors and producers.<\/p>\n
The streaming giants have done it differently. They pay more upfront \u2014 usually much, much more \u2014 in lieu of any back-end payments, which gives them complete control over future revenue. It means that people get paid as if their projects are hits before they are released (or even made).<\/p>\n
Ms. Johansson\u2019s suit also took direct aim at Bob Chapek, Disney\u2019s chief executive, and Robert A. Iger, Disney\u2019s chairman, by citing the stock grants given to them as rewards for building Disney+, which has more than 100 million subscribers worldwide. \u201cDisney\u2019s financial disclosures make clear that the very Disney executives who orchestrated this strategy will personally benefit from their and Disney\u2019s misconduct,\u201d the complaint said.<\/p>\n
According to the suit, Ms. Johansson\u2019s representatives approached Disney and Marvel in recent months with a request to renegotiate her contract. \u201cDisney and Marvel largely ignored Ms. Johansson,\u201d the suit said.<\/p>\n