Big Screen or Bust?: How Contractual Negotiations in Hollywood Must Adapt in the Streaming Era

Authors

Alexis Narotzky, Benjamin N. Cardozo School of Law

Abstract

Scarlett Johansson made her first appearance as her superhero alter-ego, the Black Widow, on May 7, 2010, in the movie Iron Man 2. Over the next intervening eleven years, Johansson appeared in several of Disney's Marvel ("Disney" or "Marvel") movies in supporting roles. On July 9, 2021, Marvel released the Black Widow with Scarlett Johansson as the lead character. Johansson's agreement for her character's eponymous film was built upon the expectation of large bonuses based on profit from outsized box-office receipts, understood as a profit-participation or contingent compensation contract. Johansson's lawyers negotiated for a "wide theatrical release" to protect her financial interests by surmising the success of a Marvel blockbuster would result in a higher bonus. Upon learning of the development of Disney's own streaming platform, Disney+, Johansson's lawyers fought for the Black Widow to still have a wide theatrical release due to fear that streaming of the film would bastardize Johansson's profits. Although Disney reassured Johansson that the Black Widow would first be released in theaters similar to other Marvel movies, the film was released simultaneously in theaters as well as Disney+.

Keywords

Antitrust and Visual Entertainment, Arts and Entertainment Law, Film and Television, Financing and Production of Visual Entertainment, Industry, Contracts

Disciplines

Antitrust and Trade Regulation | Contracts | Dispute Resolution and Arbitration | Entertainment, Arts, and Sports Law | Law

Recommended Citation

Alexis Narotzky, Big Screen or Bust?: How Contractual Negotiations in Hollywood Must Adapt in the Streaming Era, 24 Cardozo J. Conflict Resol. 661 (2023).
Available at: https://larc.cardozo.yu.edu/cjcr/vol24/iss3/10