Scarlett Johansson Sues Disney Over ‘Black Widow’ Streaming Release
Star alleges simultaneous release of the latest Marvel movie in theaters and on Disney+ service was a breach of contract
Erich SchwartzelJuly 29, 2021 1:21 pm ET
Scarlett Johansson, in ‘Black Widow,’ is fighting Disney over the financial fallout from releasing the 2021 movie on Disney+ at the same time as in theaters.
Photo: Jay Maidment/Marvel Studios/Disney/Associated Press
Scarlett Johansson, star of the latest Marvel movie “Black Widow,” filed a lawsuit Thursday in Los Angeles Superior Court against Disney, alleging her contract was breached when the media giant released the film on its Disney + streaming service at the same time as its theatrical debut.
Ms. Johansson said in the suit that her agreement with Disney’s Marvel Entertainment guaranteed an exclusive theatrical release, and her salary was based in large part on the box-office performance of the film.
“Disney intentionally induced Marvel’s breach of the agreement, without justification, in order to prevent Ms. Johansson from realizing the full benefit of her bargain with Marvel,” the suit said.
Disney couldn’t be reached immediately for comment.
The suit could be a bellwether for the entertainment industry. Major media companies are prioritizing their streaming services in pursuit of growth, and are increasingly putting their high-value content on those platforms. Those changes have significant financial implications for actors and producers, who want to ensure that growth in streaming doesn’t come at their expense.
“This will surely not be the last case where Hollywood talent stands up to Disney and makes it clear that, whatever the company may pretend, it has a legal obligation to honor its contracts,” said John Berlinski, an attorney at Kasowitz Benson Torres LLP who represents Ms. Johansson.
Disney began releasing movies simultaneously on Disney+ and in theaters partly because of the Covid-19 pandemic, when theaters were closed or at limited capacity, and partly to boost its nascent service. AT&T Inc.’s WarnerMedia, which operates the HBO Max streaming service, is following a similar strategy for its entire 2021 slate of Warner Bros. movies.Comcast Corp.’s NBCUniversal has since followed suit, with the release of “The Boss Baby: Family Business” both in theaters and on its Peacock streaming service.
WarnerMedia chose to renegotiate many of its talent contracts that, like Ms. Johansson’s deal with Marvel, were tied to box-office performance. Warner Bros. paid more than $200 million to talent as part of the amended agreements.
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Ms. Johansson has been an integral part of the Marvel universe since appearing as Black Widow in 2010’s “Iron Man 2.” Her presence has grown significantly since then as a member of the Avengers squad of heroes, alongside Captain America and the Incredible Hulk. Her character died in the 2019 blockbuster “Avengers: Endgame,” and the spinoff film in theaters now takes place before the events of that movie.
According to the complaint, Ms. Johansson’s representatives sought to renegotiate her contract after learning of the dual-release strategy for “Black Widow,” which she has said is her ninth and last Marvel movie. Disney and Marvel were unresponsive, the suit said.
The decision to put the movie on Disney+ is projected to cost Ms. Johansson more than $50 million, a person familiar with details of her contract claimed.
Even before the pandemic, Ms. Johansson was concerned that “Black Widow” could end up on Disney+ as part of its wide release. In 2019, Ms. Johansson’s representatives reached out to Marvel seeking assurance that “Black Widow” would have a theatrical-only release, according to the complaint.
Star alleges simultaneous release of the latest Marvel movie in theaters and on Disney+ service was a breach of contract
Erich SchwartzelJuly 29, 2021 1:21 pm ET
Scarlett Johansson, in ‘Black Widow,’ is fighting Disney over the financial fallout from releasing the 2021 movie on Disney+ at the same time as in theaters.
Photo: Jay Maidment/Marvel Studios/Disney/Associated Press
Scarlett Johansson, star of the latest Marvel movie “Black Widow,” filed a lawsuit Thursday in Los Angeles Superior Court against Disney, alleging her contract was breached when the media giant released the film on its Disney + streaming service at the same time as its theatrical debut.
Ms. Johansson said in the suit that her agreement with Disney’s Marvel Entertainment guaranteed an exclusive theatrical release, and her salary was based in large part on the box-office performance of the film.
“Disney intentionally induced Marvel’s breach of the agreement, without justification, in order to prevent Ms. Johansson from realizing the full benefit of her bargain with Marvel,” the suit said.
Disney couldn’t be reached immediately for comment.
The suit could be a bellwether for the entertainment industry. Major media companies are prioritizing their streaming services in pursuit of growth, and are increasingly putting their high-value content on those platforms. Those changes have significant financial implications for actors and producers, who want to ensure that growth in streaming doesn’t come at their expense.
“This will surely not be the last case where Hollywood talent stands up to Disney and makes it clear that, whatever the company may pretend, it has a legal obligation to honor its contracts,” said John Berlinski, an attorney at Kasowitz Benson Torres LLP who represents Ms. Johansson.
Disney began releasing movies simultaneously on Disney+ and in theaters partly because of the Covid-19 pandemic, when theaters were closed or at limited capacity, and partly to boost its nascent service. AT&T Inc.’s WarnerMedia, which operates the HBO Max streaming service, is following a similar strategy for its entire 2021 slate of Warner Bros. movies.Comcast Corp.’s NBCUniversal has since followed suit, with the release of “The Boss Baby: Family Business” both in theaters and on its Peacock streaming service.
WarnerMedia chose to renegotiate many of its talent contracts that, like Ms. Johansson’s deal with Marvel, were tied to box-office performance. Warner Bros. paid more than $200 million to talent as part of the amended agreements.
Newsletter Sign-Up
WSJ | CMO Today
CMO Today delivers the most important news of the day for media and marketing professionals.
Subscribe Now
Ms. Johansson has been an integral part of the Marvel universe since appearing as Black Widow in 2010’s “Iron Man 2.” Her presence has grown significantly since then as a member of the Avengers squad of heroes, alongside Captain America and the Incredible Hulk. Her character died in the 2019 blockbuster “Avengers: Endgame,” and the spinoff film in theaters now takes place before the events of that movie.
According to the complaint, Ms. Johansson’s representatives sought to renegotiate her contract after learning of the dual-release strategy for “Black Widow,” which she has said is her ninth and last Marvel movie. Disney and Marvel were unresponsive, the suit said.
The decision to put the movie on Disney+ is projected to cost Ms. Johansson more than $50 million, a person familiar with details of her contract claimed.
Even before the pandemic, Ms. Johansson was concerned that “Black Widow” could end up on Disney+ as part of its wide release. In 2019, Ms. Johansson’s representatives reached out to Marvel seeking assurance that “Black Widow” would have a theatrical-only release, according to the complaint.
