Disney filed a motion for Scarlett Johanssons lawsuit to be moved to private arbitration. This is the latest development in the ongoing case against the company regarding Black Widows streaming.
The motion was filed Friday by Disney's lawyers in Los Angeles Superior Court. It was based on Periwinkle Entertainment's agreement that all claims relating to her part in the Marvel film would be dealt with in confidential arbitration. Johanssons complaint was also attacked in the motion. It argued that Marvel, which is owned by Disney, broke an agreement when Black Widow premiered on Disney Plus through Premier Access on the same day it was released in theaters. The motion was first reported by The Hollywood Reporter.
Johanssons complained that Johanssons hybrid release reduced her potential earnings. A simultaneous streaming release had hampered the film's box office permanence, and thus impacted her bonuses. The question is whether the film should not have been released as a theatrical exclusivity. Disneys motion states that Periwinkles Marvel contract does not require theatrical distribution, let alone exclusive distribution.
According to the motion, any theatrical obligations were stipulated in the contract. In other words, the film debuted on over 9,600 scenes in the US, and on more than 30,000 screens worldwide. Johanssons claims that the hybrid release model had reduced earnings was also challenged by Disneys lawyers, though it is still unclear what exactly was promised.
The motion echoed comments made by Disney boss Bob Chapek at the company's latest earnings call. It stated that the hybrid pattern of release was the best for Black Widow and everyone who is attached to it.
Disney also updated its figures regarding Black Windows' performance. These figures show that the movie continues to make big profits at both the box-office and early access rental. Black Widow had raked in over $367 million worldwide in box office receipts and more than $125million in streaming and download receipts. This motion provides rare statistics about the success of hybrid releases in both theaters and on streaming services. Black Widow's opening weekend box office receipts of $55 million on Premier Access and $80 million domestically, were more than any other Marvel film, the company claimed.
The motion revealed that Periwinkle was served by Disney's lawyers on August 10, just over a week following Johanssons original complaint. Periwinkle was not yet responding to the motion. Disney reiterated its earlier position that the complaint was without merit.
Johanssons lawyers were not available for comment immediately. According to The Hollywood Reporter, John Berlinski, her attorney, stated that Disney knew that Marvels' promises to Black Widow a standard theatrical release was in keeping with its promise to ensure that Disney didn't cannibalize box-office receipts to increase Disney+ subscriptions. We are excited to present the overwhelming evidence to prove that this is what actually happened.
Disney responded to the original complaint in July by stating that there was no merit to this filing. It also stated that Johansson has earned $20 million so far.
ReFrame and Times Up, as well as other organizations in the entertainment sector, have criticized Disney's response to the lawsuit. They claim that the gendered character attack is not appropriate in a business dispute and contributes towards an environment in which girls and women are less able to protect their interests without being subject to ad hominem critique.
She is so strong, I believe, and I literally thought that when I read it, I was like Scarlett Olsen said.
