The much-awaited release of Black Widow, the first film of the fourth phase of the Marvel Cinematic Universe, was accompanied by a messy legal battle between corporate giant Disney and Scarlett Johansson, who plays the titular character. Black Widow, which saw a hybrid release across theatres and on Disney Plus, had a massive box office run and broke several pandemic records by grossing over $300 million worldwide. Johansson, whose paycheck depended on the box office returns, sued Disney over releasing the movie on Disney Plus on the same day it had its theatrical release. She argued that the release of the film on a home streaming service could affect her potential earnings.
Johansson argued that Marvel Studios, which is a subsidiary of Disney, promised that Black Widow would be a theatrical release. She alleged that all parties involved understood the contractual promise that a period of time, which usually lasts three months, would pass before the movie can be streamed. This is usually considered the industry standard. According to some media reports, Johansson lost around $50 million due to the hybrid release.
After the company was sued, Disney released a statement calling the lawsuit.
“especially sad and distressing in its callous disregard for the horrific and prolonged global effects of the COVID-19 pandemic.”
Disney’s attorney, Daniel Petrocelli, attacked the actress and the lawsuit by calling it unwinnable and “a highly orchestrated PR campaign to achieve an outcome that is not obtainable in the lawsuit”. He also claimed that there was a flaw in the lawsuit and that the revenue collected through the streaming platform would contribute to the total box office collections, which in turn would still benefit Johansson and enhance Johansson’s ability to earn additional compensation on top of the $20 million she has received to date.
Johansson’s attorney, John Berlinski, denied this statement and called Disney’s statement a “misogynistic personal attack” against his client. "If Disney genuinely believed what its lawyers now claim, it would welcome having the dispute decided in open court, instead of angling to hide its misconduct from the public in a confidential arbitration," he said.
The president of SAG-AFTRA (The Screen Actors Guild – American Federation of Television and Radio Artists), Gabrielle Carteris spoke on behalf of the union and agreed that Johansson’s contract was violated. She said, “Actors must be compensated for their work according to their contracts. Scarlett Johansson is shining a white-hot spotlight on the improper shifts in compensation that companies are attempting to slip by talent as distribution models change. Nobody in any field of work should fall victim to surprise reductions in expected compensation. It is unreasonable and unjust. Disney and other content companies are doing very well and can certainly live up to their obligations to compensate the performers whose art and artistry are responsible for the corporation’s profits.”
She also added that,
“Additionally, we are deeply concerned by the gendered tone of Disney’s criticism of Ms. Johansson. Women are not ‘callous’ when they stand up and fight for fair pay – they are leaders and champions for economic justice. Women have been victimized by pay inequity for decades, and they have been further victimized by comments like those in Disney’s press statements. These sorts of attacks have no place in our society and SAG-AFTRA will continue to defend our members from all forms of bias.”
Comentários