In the proposal, attorney Daniel Petrocelli also claims that Disney lived up to its obligation to give the film a “broad theatrical” release, but that nothing in the contract required the release to be exclusive to theaters.
Johansson filed a bombing case on July 29, arguing that the decision on simultaneous release Black widow in cinemas and at Disney Plus cannibalized the film’s box office revenue and cost her tens of thousands of dollars.
IN proposal to force arbitration, Petrocelli claimed it Black widow actually did well given the ongoing pandemic.
The film opened on July 9, bringing $ 80 million (about $ 112 million) to the domestic market in its opening weekend — well below pre-pandemic Marvel standards, but $ 10 million (about $ 14 million) more than Universal’s F9 – which was an exclusive theatrical release.
Disney also notes that it agreed to add streaming receipts to the cash amount in connection with the calculation of Johansson’s backend participation, despite the fact that it was not required under the contract.
Johansson’s contract dates from 2017, two years before the debut of Disney Plus, so its terms do not consider a streaming release. Johansson’s lawyers has argued that Marvel’s attorney general confirmed in 2019 that the studio would release the film “like our other films.”
Johansson’s suit alleges that Marvel violated her contract, but that does not indicate a clear breach of contract. Instead, attorney John Berlinski filed a lawsuit against Disney, the parent company, alleging that Disney had disrupted the subsidiary’s contract with Johansson to increase Disney Plus.
“After first responding to this lawsuit with a misogynistic attack on Scarlett Johansson, Disney is now predictably trying to hide its misdemeanor in a confidential arbitration,” Berlinski said in a statement to Variety.
“Why is Disney so afraid to sue this case in public? Because it knows that Marvel’s promises to Black widow a typical theatrical release ‘like its other movies’ had everything to do with guaranteeing that Disney would not cannibalize box office receipts to increase Disney Plus subscriptions. But that is exactly what happened – and we look forward to presenting the overwhelming evidence that proves it. “
Petrocelli’s proposal calls it “game development” and claims that Johansson agreed to arbitrate all claims “arising from, in connection with or in connection with” her contract with Marvel.
“Whether Periwinkle’s claims against Disney fall within the scope of this agreement is not a close call,” Petrocelli argues. “The clear and expansive language of the arbitration agreement easily includes Periwinkle’s complaint.”
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