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The Walt Disney Company is one of the most successful entertainment organizations in the world. The most recognized company started with one man’s idea, now incorporates diverse industries ranging from children’s cartoons to Star Wars and Marvel Cinematic Universe. Recently, on July 29, the Marvel Star Scarlet Johansson filed a lawsuit against Disney Company. Her claim states that the company breached its contract by releasing the movie Black Widow, with Johansson playing the main character, on Disney’s streaming service while it was in theaters.
Scarlet Johansson’s claim states that her salary was based on box office performance; since Disney’s simultaneous release of the movie on the Disney Plus streaming service, her earnings for the film were significantly decreased. Presently, the lawsuit has been settled; however, the details of the deal were not disclosed. Both sides announced their delight in reaching a mutual agreement and continuing cooperation in future Marvel Cinematic Universe projects.
Marvel Cinematic Universe, owned by Disney, counts a large number of fans across the globe. Most of these fans sided with Johansson, viewing the lawsuit as an act against corporate hegemony (Ye, 2021). However, from the perspective of the media industry in the United States, streaming services are dominating the market due to the pandemic outbreak (Ye, 2021). Referring to that, the court is more likely to be unfavorable to the actress.
At the same time, following the filing of the lawsuit, Disney decided to respond with a questionable statement. The company referred to the case as sad and pitiful, calming that it ignores the horrific impact of the COVID-19. Johansson’s lawyers immediately rendered this statement as a direct attack on her character, wrongfully and shamelessly accusing her of insensitivity towards the global pandemic. As such, the negotiations did not have a good start.
Best Alternative to a Negotiated Agreement or BATNA is often used in negotiation tactics. Using BATNA provides negotiation power, an alternative in case of failing the negotiations, and helps determine a reservation point. Therefore, according to BATNA, Disney could initiate with paying the actress a sum of money to continue the cooperation with her as the actress for the Marvel character Black Widow, followed by a new strategy of calculating the box office. Another option is to cease the cooperation between the company and the actress, removing Johansson from Marvel or even Disney movies. Despite the fact that in the Marvel Cinematic Universe Black Widow’s character is considered dead, such an alternative may affect Disney’s reputation and cause issues with Marvel movies nonetheless. Since the details of the end deal were not disclosed, the actions taken could only be theorized. The lawsuit was closed in Johansson’s favor; it may be considered that she used a sort of leverage.
As a result of Johansson’s lawsuit against Disney Company, the agreement between the parties was reached. Disney managed to promote Disney Plus and settle the disagreement with one of the lead actresses, continuing to work together. With the rapid development and popularization of streaming services, Disney should use Johansson’s lawsuit as a case study for future actions. Considering changes in contracts and revenue calculation methods for other actors working for Disney is vital to avoid future scandals. Additionally, statements issued by Disney should be thoroughly reviewed to avoid seeming provocative and overall insensitive.
Reference
Ye, X. (2021). The Case Analysis of Disney with Scarlett Johansson Litigation. BCP Business & Management, 16, 265-272.
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