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Scarlett Johansson suing Disney over the streaming release of Black Widow

Despite being mired in delays as a result of the COVID-19 pandemic, Black Widow was finally released on 9th July in regions that have access to Disney+. As South Africa is not such a region, we still have to wait to see it in cinemas come 13th August.

The film was supposed to be Scarlett Johansson’s swan song and departure from the Marvel Cinematic Universe, but a recently filed lawsuit means the two parties will likely have a bitter end. This as Johansson is suing Disney over the streaming release of Black Widow, which she says was always understood to be a theatrical release.

As The Wall Street Journal reports (paywall), the reason for the lawsuit has to do with the nature of Johansson’s salary for the project, which was heavily tied to box office sales from its release.

“Disney knew that the cannibalization of (box office receipts) by Disney+ would save Marvel (and by extension, Disney) ‘very large’ amounts of money that it would otherwise owe Ms. Johansson,” the lawsuit explains. “On information and belief, 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,” it adds.

The lawsuit claims Johansson lost as much as $50 million as a result of switch in release strategy, but Disney’s legal representatives says there is no merit to the claims.

“The lawsuit is especially sad and distressing in its callous disregard for the horrific and prolonged global effects of the COVID-19 pandemic,” a Disney spokesperson noted. “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,” they added.

As such, it looks like Disney’s lawyers will cite the global pandemic as extenuating circumstances for the switch in strategy.

For now, it remains to be see how this lawsuit will pan out, but its outcome could potentially huge significant ramifications across the streaming industry. Warner Bros. for example, received massive push back from directors over their projects being simultaneously released in theatres and HBO Max. While none have been as litigious as Johansson, should the win the case, it would set a precedent.

Either way, this is one we’ll be watching with interest.

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