Disney Lawsuit Settles Before Reaching Courts

Walt Disney Co and Scarlett Johansson have officially resolved the legal dispute stemming from the Black Widow release and claimed breach of contract. While the exact terms of the settlement have not been released, we asked Brandon Blake, entertainment lawyer and resident entertainment business expert, to break down what we do know.

Brandon Blake– Managing Partner at Blake & Wang P.A

Johansson moved to sue Disney in July this year, citing breaches in contract regarding the hybrid release of the film. Primarily, the fact that it was not given an exclusive theatrical window, but instead had a simultaneous release on their streaming service, Disney+.

The crux of the complaint was that the dual release affected her agreed compensation, calculated with profits from the expected theatrical run in mind. Business as usual? Not quite. This lawsuit was also quite notable as one where we saw Disney hit back with unexpectedly personal references in their statements through social media. Despite this, there’s been amicable statements on the resolution from both parties with promises of future collaboration.

The dispute is part of a key overall trend currently being tested, as we run into the issue of how to reshape star’s contracts in an era where studios are releasing films with an eye on creating premium content to lure subscribers to their streaming networks, not necessarily for traditional theatrical runs.

With that in mind, it’s probably a key reason the suit was not allowed to see the inside of a courtroom. We’ve seen in a recent news break that Disney is, in fact, revisiting how it formulates contracts with its stars in the post-pandemic era to reach a fairer resolution to this exact issue. A court’s opinion (and precedent) on what was and wasn’t a breach of content in the Johansson case could have considerably weakened their bargaining position in the matter.

As it stands, it will be interesting to see how these matters are handled going forward. We will, as always, be watching closely.

Universal Sends Films to Peacock Within 4 Months of Opening

This week, Universal Filmed Entertainment Group has announced a major development in how their film pipeline will work going forward. BLAKE & WANG P.A entertainment lawyer examines what we know.

Brandon Blake– Entertainment Lawyer

As of 2022, Universal released films will open on Peacock within four months of their theatrical opening. This is, of course, a considerable acceleration in the traditional pay-one home entertainment window, which would once have been at least 6 months. It’s not the first move like this we’ve seen, however, with Disney, Paramount, and WarnerMedia all planning early releases for their prime titles on their streaming services.

The Universal model is a little different, however. Its 18-month pay-one window is specifically designed to allow content distribution over several platforms. Peacock takes over the first 4 months and the last 4 months. However, the intervening 10 months will allow other partners- namely Amazon Prime Video and IMDb TV- to take over. Intriguingly, HBO, their current pay-one partner, does not seem to be taking a share of the cake. The deal will include not only Universal titles, but those from Focus Features, Illumination, and DWA as well.

Offered reasons for the intriguing pipeline include reaching the broadest possible audience and maximizing profit from their vast film library. As the Universal theatrical schedule for 2022 includes anticipated titles like Jurassic World: Dominion and Illumination’s Minions: The Rise of Gru, results could be interesting. Peacock has languished a little since its launch, primarily due to the surge of focus on streaming by industry heavyweights. Despite meeting 42 million sign ups in April, that covers only 10 million paid subscriptions. It was also hoped that the planned 2020 Olympics could be used to promote the service after launch, only to have the international sporting event delayed until this Summer. Of course, this may well be the boost the service needs.

Universal has, to date, been something of a ‘pioneer’ in seeking to collapse the traditional theatrical window. We’ve already seen them controversially create a ‘premium VOD’ window a mere 30-45 days after theatrical release. Warner Bros, too, have announced their entire slate for this year will debut on day-and-date only, with immediate HBO Max access.

Will this be the future for theatrical release? It’s tough to say. One thing is for certain, however. This interesting new release pipeline will be well worth watching.

Improved working conditions during the pandemic may have stalled union negotiations

This week we see IATSE and AMPTP fall into an awkward hiatus with no resolution in sight. While talks will resume on July 6th, far in advance of the 31st July contract expiration, it’s still a strained situation. BLAKE & WANG P.A entertainment law firms Los Angeles examines one potential factor behind the failure to meet common ground.

Union reps have stated that there seems to be no meeting in the middle on key aspects they wish to address, hence the reason for the deadlock. Our industry contacts suggest some of this could well be linked to the swift and decisive response to the pandemic that allowed many sets to reopen and continue working throughout the troubled past year.

This, it is claimed, demonstrated that safe and thoughtful workplace management is possible, and thus the union feels that key changes to what it claims are ‘dangerous working conditions’ can easily be made. Think meal breaks and rest periods, as well as better handling of ‘Fraturdays’, long shoots that extend late in the night on Friday and Saturday.

Brandon Blake– Managing Partner at Entertainment Attorney Blake & Wang P.A.

The news isn’t all gloomy, however. IATSE leaders have told members that good progress has been made on diversity and inclusion matters. The primary hitch seems to lie in economic matters, including funding for the Motion Picture Industry Pension and Health Plan. Companies want greater cost-sharing from workers, while the union is pushing for funding from streaming residuals.

Overall, it’s not been looking good, and it’s easy to see why the talks have stalled to the extent they have. Let’s hope that with the break until July 6th, cooler heads can come back to the negotiating table and a better set of compromises can be found. As the contracts in question expire on July 31st, there will be time pressure to consider when talks resume. BLAKE & WANG P.A one of the best entertainment lawyers in Los Angeles will, of course, be watching the situation carefully.

The Golden Globes Takes A Knock

With a disappointing Oscars behind us, it seems there’s more dismal news from the Awards Ceremony plate. BLAKE & WANG P.A entertainment lawyer Los Angeles takes a look at why the Golden Globes is now seeing its plans come under fire.

Diversity has been the watchword of the year, and we’ve seen many reforms and proposed legislations come into play across the entertainment landscape. That’s anything from individual studios promising action, to country-wide legislation and, yes, a host of promises from institutions in the industry, awards ceremonies included. This week, we’ve seen the Hollywood Foreign Press Association savaged for these same promises, however, calling them “window dressing platitudes”.

We’ve seen NBC pull their 2022 prizes, dissatisfied that the HFPA can ‘do it right’ without longer reforms. We’ve also seen Tom Cruise return his golden globe, and others are threatening to follow. What on earth happened?

There’s been decades of controversy around the Globes, let’s be honest. With zero black members, the HFPA’s many gaffs, snubs, and look-overs suddenly seem a lot less strange. While (of course) reform has been promised swiftly, it seems unlikely to be forthcoming in anything other than promises, and several heavy-hitters (including Amazon, Netflix, and celebs) have lined up to take a swing at the institution.

That’s not to say all of the HFPA necessarily feel chagrin. Many are confused as to why the firestorm erupted as it did, expressing bafflement that their lack of diversity was ‘suddenly’ a problem. There’s even been cries of foul play, suggesting much of the controversy is being generated by people wanting to jump on the bandwagon and earn their own 10 minutes in the spotlight.

Political maneuvering, or genuine concern? Only time will tell. Still, we see the HFPA dedicated to an astonishingly swift program of reforms set to culminate on August 2nd of this year. BLAKE & WANG P.A one of the best entertainment law firms Los Angeles will be watching with interest.

A new administration brings new interest from the entertainment industry

Donald Trump may have been the more ‘obvious’ showman, possibly best known for his fame from The Apprentice, but the upcoming Biden-Harris administration could actually herald a closer tie to the entertainment industry than ever before. Today BLAKE & WANG P.A entertainment law firms los angeles take a closer look at the potential future for the entertainment industry.

If we flashback to the Obama presidency for a moment, there was a Hollywood-D.C social scene that has lapsed in recent years, with the White House hosting celebrity-led workshops, concerts, and even movie screenings. Biden himself also has a history intertwined with the entertainment industry, with issues like trade and piracy having featured in his platforms before. Likewise, many of his incoming advisors have links with the MPA. Not to mention their current chairman was a veteran of the Obama administration.

The National Association of Broadcasters also has Gordon Smith, who served with Biden in the Senate. It’s not all about Biden, however. Harris herself has also campaigned for statewide offices and has many friendships in the Hollywood limelight. She, too, could prove a big asset to the entertainment industry going forward

We may even see broadband access and net neutrality once again rear their heads. The Republican-led FCC repealed it in 2017, and have also been looking to modify Section 230. It’s undeniable that it has been seen as retaliation for what the Trump presidency perceived as ‘bias’ against conservatives by social media, however. It will likely be dead in the water for now. Nevertheless, the Supreme Court is set to hear arguments this session from the FCC, which should prove interesting if nothing else.

In short, with a Biden/Harris presidency close at hand, things are not looking bad overall for the entertainment industry’s relations with the White House. It will be interesting to see how things develop further as we inch towards Inauguration Day.