Disney had no idea Scarlett Johansson was going to sue over Black Widow's release. After Disney repeatedly delayed the Marvel film due to the COVID-19 pandemic, the studio finally settled on a hybrid release. Black Widow premiered in July 2021 in theaters and on Disney+, as part of the streaming service's Premier Access program. This decision proved to be smart from a financial perspective for Disney, as Black Widow broke pandemic era box office records and brought in another $60 million globally from Disney+ sales.
However, the aftermath of Black Widow's release has been extremely messy. First, theater owners blamed Black Widow's steep second weekend box office decline on the streaming release; and then Johansson sued Disney, citing breach of contract. The actress' bombshell lawsuit stems from her compensation, which was tied to box office performance. Johansson's team claims Disney never reached out to renegotiate the contract to reflect Black Widow's altered release strategy. It was a move that apparently caught the studio off-guard.
In a Variety report on the Johansson lawsuit and its fallout, it's mentioned Disney was "not given the courtesy of a heads-up that a legal complaint was coming." It's implied this is what led to Disney's marked response to the lawsuit, which came under fire for attacking Johansson's character.
Disney wasn't necessarily owed an advanced warning a lawsuit was incoming, but it can be argued this was a unique situation. The studio and Johansson had a longstanding relationship, as the actress played Black Widow for more than 10 years in the Marvel Cinematic Universe. Given the parties' history, it's curious why something couldn't have been worked out behind-the-scenes. Some have blamed Disney CEO Bob Chapek for the Black Widow mess, citing his lack of experience working with high-profile talent. Johansson actually raised concerns about a possible Black Widow streaming release prior to Avengers: Endgame's debut in 2019, well before the pandemic started.
It will be interesting to see how the Black Widow matter is resolved. Disney is expected to invoke a force majeure, with the pandemic being an "unforeseeable circumstance" that frees the studio from liability. As the industry awaits the Johansson lawsuit settlement, Disney is already dealing with ripple effects. Emma Stone used the Black Widow lawsuit to negotiate a bigger payday for Cruella 2 and even forced Disney to admit they should have worked out a "buyout of her box office bonuses" for the original film. Perhaps there will be a similar solution for Johansson. Warner Bros. soothed backlash over their HBO Max decision by renegotiating deals with actors and filmmakers, so there's a precedent to follow.
Source: Variety
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