It looks bad for Disney specifically cause there a billionaire monolith screwing over a beloved actress. Its especially bad for Disney when there golden goose Kevin Fiege is in the news as being 'angry and embarrased' by her treatment by Disney.
Rather then getting bad PR it would of been worth it to just cut her a cheque for 20 million.
On (A) Are you arguing that a $30 ticket that requires an accompanying $8 or $9 (I forget what it is these days) sub fee can undercut an $8-$15 ticket cause that dog ain't gonna hunt. And quite frankly in the next few months IMO were are going to find out that too much of the normal audience will not show up. It will be another year, maybe two before whatever the new normal is going to be, sets in. So We'll just disagree on that one for now.
On (B) part of the F9 comparison is specious since several places have shut down in the interval. Once they compare like to like they are going to look rather similar. The D+ bonus stuff is not an argument that ever sees a courtroom. As I said above proving you are being undercut by something more expensive is not a successful strategy. And if I'm proven right on the almost everybody's B.O. opens decent and then tanks, for the next 2-3 months she's doa on that argument.
But on the last thing, about Disney's Counsel I agree 100%.
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That's the preponderance of the evidence standard and that just doesn't apply. Juries don't interpret the law.
When you are talking legal contracts the clear and convincing standard would be the one I think would apply. It requires an expert to make the call so barring the use of a magistrate the judge decides if the argument has legal merit. If the court says no then the jury never hears it and must not take it into their decision assuming the case gets that far.
One argument that could have been made and which I don't remember being discussed is "they shouldn't have opened at all. we would have made more money if they had waited" That one would be interesting.
Last edited by JDL49; 2021-08-01 at 03:32 PM.
That's pretty much where I'm at.
If her contract stipulated an exclusive box office release and a chunk of box office revenues, then they owe her something, since the decision to simultaneously release on Disney+ was entirely Disney's choice. They should've worked out an arrangement before releasing.
Even if it doesn't, it's worth having the lawsuit to set some precedents, honestly.
It doesn't matter how much money she's already made off it, what matters is the enforcement of contracts. And if you make me get classist, I'm gonna point out that Scarjo's an employee, and the Mouse is a much bigger corporation, so yeah, my leanings are towards employees, even the rich ones.
I honestly has zero investment in Taskmaster as a character (whether the movie or comics), my main issue with the character is that it's almost no different than every other Widow beyond how they look.
When I referenced the diversity mantra, I mean the 'themes' behind the villain monologue and the messaging at the end. I labeled what I said as a conspiracy theory, because there is no proven facts behind it, but I could see it being done in today's Hollywood. The main issue is that the messaging at the end is a horrid mess and forced, falling apart even more if certain things changed in the story given how things were presented. As an example, if TM was a man, it undercuts their message and scenes at the end, because all the victims have to be girls for their narrative to work. I also figured out immediately that TM was the daughter, but it's because of the one scene that felt completely forced in about the bombing. However, if you take out all the 'forced' scenes and moments, you'll notice that the movies themes and flow are very different from what was presented to us at the end of the film. We know there was at least some extra editing done in the movie's downtime after the movie's potential release, and I think these 'forced' changes were probably it.
So why do I call it a mantra? Despite being overused to the point of being trite, it's dumb in the context of the film and universe. Logic has to be bent in order to fit the narrative, and that's the problem. Could you craft the story around such themes that works well and doesn't involve convoluted insanity? Absolutely! Does this film do it? Absolutely not. The film's last third reeks of 'message first, entertainment/logic a distant third' when it comes to how it was constructed. I would probably have much less of an issue with the messaging if the story made sense and wasn't as convoluted as it was, but that just exhibits where the focus truly was.
Personally, I think the entire movie should've had the same feel of the first part of the movie as a grounded spy thriller. You could still have Taskmaster/Alexei and keep some of the themes in such a grounded movie, but it could do without the magical red serum/mind control mechanic, the whole pheromone thing, the villain being over-the-top "women are just commodities" evil white man trope, and the infamous Marvel sludge when it comes to action/CGI (especially since it was very bad compared to what Marvel can put out). While I don't particularly like the Jason Bourne movies (I love the books, I just don't think the movies do them justice), Black Widow could've emulated such a film model with some fantastical elements that would exist in a Marvel universe.
I suppose another option would have been to just go full camp with the movie and just ditch trying to make the movie a messaging platform. Make it closer to Thor Ragnarok in terms of tone and execution. As a send-off movie, that style isn't bad either, as it lets the characters just have a fun last hurrah.
My view on the matter is that this lawsuit would not even have happened if the movie was making money. Even based upon what is known about the Disney+ numbers as inferred by Disney themselves, the movie isn't doing well (especially when you factor in the cuts from theaters and what governments like China tend to take from the sales). It's not like I'm rooting for the movie to do badly, I'm just not surprised considering the product they released and how late it was released.
Last edited by exochaft; 2021-08-02 at 08:13 PM.
“Society is endangered not by the great profligacy of a few, but by the laxity of morals amongst all.”
“It's not an endlessly expanding list of rights — the 'right' to education, the 'right' to health care, the 'right' to food and housing. That's not freedom, that's dependency. Those aren't rights, those are the rations of slavery — hay and a barn for human cattle.”
― Alexis de Tocqueville
Well, that's the thing of it though
She says they violated her contract
They say they honoured her contract and she's already getting compensation in some form through Disney+ rentals.
The thing that hangs it up appears to be in the exact terminology. It seems that the contract promised a "wide theatrical release" that ScarJo's people say that both sides understood to mean exclusive theatrical release... but, if a settlement is not reached, it's going to come down to which side can make the more persuasive argument.
The whole "Disney is richer therefore I'm siding with ScarJo" argument really doesn't sway me at all. It's still a multi-millionaire vs a corporate billionaire. Ain't nobody going hungry on either side. It just comes down to whether or not Disney is honouring the contract.
One thing that is certain though, no matter which ways it goes, is that actors are going to be a lot more careful regarding the terms of their contracts from here on out. Pay-Per-View Clauses are going to become a standard for big name talent. Also, I imagine any in-demand actor currently in a long term contract with a major studio is already working on re-negotiating the terms of their contracts...if they haven't already done so. Day one home viewing wasn't really a thing until the 'Rona hit...so I don't blame them for not having such clauses in their contracts already... but going forth I do believe that's going to be a standard clause when it comes to backend compensation.
From my understanding she is getting a cut of box office and premiere access revenue but she wants a cut of the sub fees as well. I echo the sentiment that this is going to come down to whether an exclusive theatrical release is in the contract.
Feige is reportedly not happy with how Disney has handled this.
https://www.avclub.com/kevin-feige-r...-di-1847397547
That article smells funny. He is feigning to much ignorance as a high profile producer.
I think I'm at wait and see until actual court documents come out because we have a proper conflict between parties are throwing out.
Scarlet says Disney promised exclusive theatrical release. This checks out ASSUMING the pandemic didn't exist. Disney worked hard to keep interest for the movie high and bounced around release to try to give her the best release considering the times. But If Disney never renegotiated or said anything then they need to pay out - doesnt matter how much goodwill they think they did in her (but realistically their own) favor.
Disney hasn't show the papers but are alleging they made a deal with Scarlet and have been giving her D+ money. That's a bold lie to make. It would be easier to just give a bigger box office cut and move on.
I think the truth is in the middle. They made a deal with her that may or may not have been official. They either low balled her then she found out or she now wants more of it/some numbers mad her want to renege on the deal.
Another thing that is inconsistent/odd that Black Widow isn't the only movie release they've had to alter some with names just as big as Scarlet. Hell the Pixar movies didn't even bring on the premium access or whatever it's called money, they just lumped into the regular service. People involved with the movies seemed content but Disney would suddenly screw over their biggest movie so far during this time period? It's weird.
That's why I believe Disney know they screwed her over in some way but had a gameplay ready to push for a settlement - something they feel like they can afford while still coming out on top. They are also willing (could be another calculated move) to completely burn a bridge with Scarlet. It's like want to.
Resident Cosplay Progressive
Force Majeure will be invoked without a doubt and if successful* the contract language will become moot.
* I think that, assuming it is established that Disney breached, that the burden of proof to establish that an exclusive theatrical window was not possible without harm to Disney, is on Disney. In other words Force Majeure (covid) can be invoked successfully in general (it already has in other suits) and yet fail when it gets to specifics.
Last edited by JDL49; 2021-08-04 at 05:09 PM.
cheaper for consumer, yes. but for Disney. its at the very least the same amount of profit as a movie theater (or STILL more depending on which tickets are we talking about), because.... its their own network, they do not have to give movie theaters half of their profit.
Admittedly, Disney probably can't say much if there's an ongoing lawsuit, but this seems to resemble fallout; Disney releasing remainder of 2021 films in theaters only
The news follows reports that the latest Marvel film, "Shang-Chi and the Legend of the Ten Rings," brought in an estimated $94.7 million in ticket sales at U.S. and Canadian theaters over Labor Day weekend, setting a new record for a September holiday opening weekend, according to Reuters.
The film was released exclusively in theaters for a 45-day run before it will be added to Disney+, a shift from the simultaneous release of "Black Widow" in theaters and through the streaming platform's Premier Access.
The dual release prompted a lawsuit from the film's star, Scarlett Johansson, who argued that the move was in violation of her contract, which set her salary based exclusively on the movie's box-office performance.
Kareem Daniel, chairman of Disney Media & Entertainment Distribution, said in a statement Friday, "Following the tremendous box office success of our summer films which included five of the top eight domestic releases of the year, we are excited to update our theatrical plans for the remainder of 2021."
Bleh, it was nice having the option to watch at home. No worries.
Need Roll - 1 for [Bright Pink Imbued Mageweave Banana-Hammock] by Ayirasi
So basically I'll be waiting 45 days for every MCU movie. Thanks, Danish movie theaters for not showing them!