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Scarlett Johansson sues Disney over ‘Black Widow’ streaming release

Scarlett Johansson has filed suit against the Walt Disney Co. on Thursday charging the company with breach of contract when it decided to release “Black Widow” on Disney+ the same time it debuted in theaters, according to a report in the Wall Street Journal.

Much of Johansson’s salary for the movie was based on an exclusive theatrical release when she signed her deal with Marvel.

“Black Widow” was released on July 9, and the movie earned an estimated $80 million in the U.S. and another $78 million in overseas markets during its opening weekend. The movie took in another $60 million in opening weekend sales from Disney+ subscribers who paid $30 to watch “Black Widow” via the streaming service’s Premier Access option.

During the COVID-19 pandemic, the practice of releasing movies in theaters and on streaming services increased. WarnerMedia has done this by releasing movies in theaters and on HBO Max and Disney has done this with “Raya and the Last Dragon” and “Mulan.” Disney is also doing it tomorrow with the release of “Jungle Cruise.”

The lawsuit, filed in Los Angeles Superior Court, states that “Black Widow” had been guaranteed an exclusive theatrical release when Johansson signed her deal with Marvel.

The suit alleges that Disney knew that streaming the blockbuster would dissuade attendance from moviegoers, including repeat moviegoers, and it did so anyway knowingly and intentionally, according to the the Hollywood Reporter:

According to the complaint:

“Why would Disney forgo hundreds of millions of dollars in box office receipts by releasing the Picture in theatres at a time when it knew the theatrical market was ‘weak,’ rather than waiting a few months for that market to recover?” the complaint asks. “On information and belief, the decision to do so was made at least in part because Disney saw the opportunity to promote its flagship subscription service using the Picture  and Ms. Johnasson, thereby attracting new paying monthly subscribers, retaining existing ones, and establishing Disney+ as a must-have service in an increasingly competitive marketplace.”

The complaint then adds that Disney’s actions “not only increased the value of Disney+, but it also intentionally saved Marvel (and thereby itself)” to what Marvel referred to “as ‘very large box office bonuses’ that Marvel otherwise would have been obligated to pay Ms. Johnasson.”

According to the filing, Johansson’s representatives had sought assurances as far back as 2019, when Disney+ was preparing to launch and Disney executives suggested that MCU content would be available exclusively on the service, according to a CNBC report.

In the lawsuit, Marvel’s chief counsel responded to Johansson in 2019 writing, “We understand that should the plan change, we would need to discuss this with you and come to an understanding as the deal is based on a series of (very large) box office bonuses.”

Later in the day Disney responded to the lawsuit with the following statement:

Disney has released a statement:

“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. Disney has fully complied with Ms. Johansson’s contract and furthermore, the release of Black Widow on Disney+ with Premier Access has significantly enhanced her ability to earn additional compensation on top of the $20M she has received to date.”

Johansson has been an integral part of the Marvel Cinematic Universe ever since her debut in “Iron Man 2” in 2010. She has played Black Widow in nine films. The current “Black Widow” is her last as the character.

(This post was updated with Disney’s statement)

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