LOS ANGELES — Actress Scarlett Johansson, a star of Marvel's Avengers film franchise, has filed a lawsuit claiming that Disney's simultaneous streaming and theatrical release of "Black Widow" on July 9 was a breach of her contract with the company.
The complaint, filed in Los Angeles Superior Court, states that when Johansson and Disney's Marvel Studios struck an agreement in 2017 for her to star in "Black Widow," the deal guaranteed her a share of box office receipts, as well as a "valuable contractual promise" that the film would be given an exclusive, wide theatrical release.
When Disney launched its Disney+ streaming service in 2019, promising to include its entire theatrical library among its offerings, Johansson's representatives claim Marvel confirmed that the film would be released "like (their) other pictures," including 90 to 120 days of theatrical exclusivity.
Amid the pandemic, Disney announced the film would be released on Disney+ on the same day as its theatrical release — a simultaneous release strategy that Johansson's lawsuit believes cut the film's box-office profitability while spiking interest in the online streaming service.
"Ms. Johansson, through her representatives, attempted to negotiate with Marvel to reach the aforementioned alternative 'understanding' that Marvel's chief counsel had promised under these circumstances. Ultimately, however, Marvel ignored this outreach," the lawsuit reads.
According to Disney, the picture grossed more than $60 million on Disney+ Premier Access, an option within the streaming service that charges users a $30-per-film fee for certain newly-released films.
According to industry reports, "Black Widow" still earned $80 million in box office sales in its opening weekend, breaking pandemic-era box office records.
"It's no secret that Disney is releasing films like Black Widow directly onto Disney+ to increase subscribers and thereby boost the company's stock price – and that it's hiding behind COVID-19 as a pretext to do so," said John Berlinski, attorney for Scarlett Johansson. "But ignoring the contracts of the artists responsible for the success of its films in furtherance of this short-sighted strategy violates their rights, and we look forward to proving as much in court."
When reached for comment, a Disney spokesperson said:
“There is no merit whatsoever to this filing. The lawsuit is especially sad and distressing in its callous disregard for the horrific and prolonged global effects of the COVID-19 pandemic. 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.”
EDITOR’S NOTE: The original story has been updated to include a statement from the Walt Disney Company. (July 29, 2021)