Report: Emma Stone Considering Following Scarlett Johansson’s Footsteps By Suing Disney
By Megan Basham - The Daily Wire
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Scarlett Johansson may have broken the seal on celebrity lawsuits in the streaming age. Rumors are now developing that “Cruella” lead Emma Stone may follow her example and sue Disney over its decision to dual debut her tentpole film.
As the Daily Wire reported on Friday, Johansson is suing Disney for releasing “Black Widow” to its streaming service, Disney Plus, at the same time as theaters. According to the Marvel star’s breach-of-contract suit, studio executives had promised her the film would have a theaters-only roll out, and a significant portion of her compensation was based on its performance at the box office. By simultaneously premiering the film on the video-on-demand platform, she claims Disney undercut her potential earnings.
Disney released Emma Stone’s most recent movie, “Cruella,” with the same hybrid approach even though it, too, was originally only intended for a theatrical release, meaning Stone may have the same grounds for a complaint.
Former Hollywood Reporter staffer and entertainment lawyer Matt Belloni revealed in his newsletter, “What I’m Hearing,” that inside sources are telling him the actress is speaking to her lawyers and “weighing her options.”
Johansson said in her suit that when she tried to renegotiate her contract to address the dual debut shift, Marvel and Disney were “unresponsive.” Belloni’s report seems to support that as he said sources tell him stars have found Disney “notoriously difficult to deal with” as the company made plans to redirect tentpole films to streaming.
Belloni claims Johansson is receiving an outpouring of support from other performers in her industry, saying, “There is an unusually high amount of cheering going on today in the talent community, which indicates these issues aren’t going away anytime soon,” he said.
Variety echoed this view in a report that quoted an unnamed agent who said, ‘A lot of other actors are cheering for Scarlett and rooting her on. She has a lot of power and that makes this a visible conversation that puts Disney on the spot. By doing all of this in public, she might be able to change the rulebook.’
Belloni speculated that “Jungle Cruise” actress Emily Blunt could soon add her voice to the chorus supporting Johansson. Just like “Black Widow” and “Cruella,” “Jungle Cruise” was originally destined for theaters alone and ended up with less-than-stellar earnings under the hybrid approach. The film took in a mediocre $34 million at the box office this weekend, meaning it may struggle to recoup Disney’s $200 million investment.
That may not bother Disney, as it is benefitting from additional subscribers who want to watch these new movies from the comfort of their homes. But there’s no benefit to the hybrid model for celebrities whose salaries are based on box office performance, something Johansson’s filing notes.
“To maximize these receipts, and thereby protect her financial interests, Ms. Johansson extracted a promise from Marvel that the release of the picture would be a ‘theatrical release,” her suit states. “As Ms. Johansson, Disney, Marvel, and most everyone else in Hollywood knows, a ‘theatrical release’ is a release that is exclusive to movie theatres. Disney was well aware of this promise, but nonetheless directed Marvel to violate its pledge and instead release the picture on the Disney+ streaming service the very same day it was released in movie theatres.”
She then went on to point out that Disney’s top executives scored big bonuses based on the streaming platform’s success.
Disney responded that there is “no merit whatsoever to [Johansson’s] filing.” The company added, “It is especially sad and distressing in its callous disregard for the horrific and prolonged global effects of the COVID-19 pandemic.”
After Lawsuit Speculation, Emma Stone Negotiates Groundbreaking New Disney Deal
By Megan Basham - The Daily Wire
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After “Black Widow” star Scarlett Johansson filed a breach-of-contract lawsuit against Disney for the studio’s decision to release her film to both streaming platforms and theaters, many industry insiders speculated that Emma Stone, who had a similar deal for “Cruella,” would follow suit. But it seems the actress and her team found a different method of addressing the issue.
Rather than sue, Stone has negotiated a sequel deal that will increase her pay from $8 million to something in the low eight-figure range, according to The Hollywood Reporter. More importantly, however, Stone’s team managed to secure a percentage of streaming earnings — the key point in dispute in Johansson’s complaint.
While the details of Stone’s “Cruella 2” contract remain unknown, the president of her agency, Endeavor, said on an August 16 earnings call, “We are getting the front end for our clients for movies and TV, like we always get, [and] increasingly, we are getting the backend bought out … the Netflix model.”
The agency also took the unusual step of releasing a statement about Stone’s deal, telling Deadline, “While the media landscape has been disrupted in a meaningful way for all distributors, their creative partners cannot be left on the sidelines to carry a disproportionate amount of the downside without the potential for upside.” The statement continued, “This agreement demonstrates that there can be an equitable path forward that protects artists and aligns studios’ interests with talent. We are proud to work alongside Emma and Disney, and appreciate the studio’s willingness to recognize her contributions as a creative partner. We are hopeful that this will open the door for more members of the creative community to participate in the success of new platforms.”
Former Hollywood Reporter editor and entertainment lawyer Matthew Belloni said Sunday in his industry newsletter, “What I’m Hearing,” that the deal may not be as big a win for Disney as the company is projecting because Stone’s back-end deal, previously reserved for theatrical releases, sets a streaming precedent other stars will expect. Said Belloni:
Stone didn’t sue, but that doesn’t mean she rolled over. The opposite, in fact. I’m told that she forced Disney to acknowledge for the first time that it should have negotiated a “buyout” of her box office bonuses on the first Cruella, like Warner Bros. did for its 2021 movies. For the titles that went day-and-date on streaming, Disney had previously been sticking to its position that simply adding the at-home upcharge revenue to the box office pool was sufficient. To that end, Stone scored an eight-figure make-good payment, independent of whether Cruella 2 actually is greenlit. And if the sequel happens, she’s in line for another eight-figure payday. (Disney declined to comment on these numbers.)
I’ve also learned that, as part of the Stone negotiation, Disney agreed to drop its insistence that she forgo a traditional backend on Cruella 2 in favor of tiered bonuses. Instead, Stone will get her up-front fee, plus a traditional back-end participation that includes a royalty on each at-home sale on streaming. (Cruella was available for a $30 upcharge.)
That’s an about face, and not what Disney wants going-forward.
While Stone’s situation may be settled, other Disney stars like Emily Blunt (who reportedly had a similar contract for “Jungle Cruise”) and others are likely already exploring how they can get a percentage of streaming earnings going forward.
