How Scarlett Johansson鈥檚 Disney Lawsuit Could Change Actor Pay | WSJ - YouTube

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- [Paparazzi] Scarlett, hold that smile for us.
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- [Narrator] Actors are looking
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to renegotiate their contracts
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in big budget movies.
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- Scarlett Johansson, the star
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of Disney's latest Marvel movie, "Black Widow,"
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has filed a lawsuit today
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in Los Angeles Superior Court against Disney.
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- [Narrator] Traditional movie contracts
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for A list talent include sizable upfront payments
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and a lucrative backend deal based mostly
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on box office ticket sales.
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But with more films going straight
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to streaming platforms,
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actors are now looking for a piece
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of the streaming profits.
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- The movie wouldn't exist without actors,
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and especially actors of certain stature
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and with certain names.
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They drive people to those theaters
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or they drive people to download that subscription service,
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and I do believe that they should get a portion of that.
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- [Narrator] Paying stars a bigger piece
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of digital sales would upend
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the traditional pay structure for talent.
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And for some, it could lead to tens of millions
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of dollars in residual pay.
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Money that agents and actors say
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is now being left on the table.
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Here's a look at how the Scarlett Johansson lawsuit
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against Disney could be a catalyst
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that changes the way Hollywood stars get paid.
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(paparazzi screaming)
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To understand what's at stake with actors,
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you have to understand how their pay
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is tied to a film's distribution cycle.
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- There are so many unique and creative ways
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for actors and performers
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to make additional compensation
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for their participation in films.
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- [Narrator] Natasha Matallana,
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who's been representing actors for over 15 years,
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says depending on the contract,
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backend bonuses in the long run
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can be more lucrative for actors
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than an upfront payment.
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- Some of that compensation
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is creatively carved out
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by way of calling it a production fee
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or a marketing fee or backend points.
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- [Narrator] Those bonuses are tied
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to how well the film does
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at each point of the distribution cycle.
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Traditionally, that cycle looks like this.
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Feature films start their journey
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with a theatrical release
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that can last anywhere from a few weeks
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to a few months, depending on how well it does
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in the box office.
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At this stage, talent contracts for actors
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can include a cut of the opening box office sales.
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After its run in the theaters,
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a film would then make its way onto DVD or pay per view.
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Depending on their contract,
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an actor might make a cut of that as well.
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About six months after that,
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the title would become available
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on streaming services, like Disney+ or Hulu.
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This gives talent another opportunity to cash in.
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This time with licensing deals
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with various streaming content providers.
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Eventually, if a film was well received,
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it could also end up syndicated on television.
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Syndicated films continue to make money
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for studios and talent,
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as long as the broadcaster continues to license
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and air the film.
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So that's what it looked like before.
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Here's what it's starting to look like today.
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Studios like Disney and Warner Media
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are releasing films both in theaters for cinema goers,
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and online for the at-home audience
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at the same time.
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Viewers who watch in theaters
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pay the normal price per ticket
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for admission, and those who watch at home,
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might pay twice,
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once for a monthly subscription
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and depending on the streaming service,
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again with a surcharge for early access to the film.
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Unlike box office, retail DVD and licensing,
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streaming surcharges and subscription fees
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are usually not split with the talent.
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Depending on the actor's contract,
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they many still retain their backend residuals
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for things like DVD sales, foreign sales
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and pay per views.
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But those have always been far less lucrative compared
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to box office bonuses.
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With direct to streaming,
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studios have found a promising solution
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for poor box office sales.
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Actors and agents argue
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that same-day streaming is in direct competition
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with the theatrical release
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and they're taking a huge loss in backend residuals.
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- Well, Disney says they made about $60 million
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just from the digital side of that
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when they released "Black Widow."
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- [Narrator] Dan Gallagher, who's been following the rise
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in popularity of streaming platforms
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for The Wall Street Journal,
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says Disney's stockholders
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really wanted to see them invest in the streaming future.
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- When you put something out like "Black Widow"
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where people have a choice on the day of,
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there's always gonna be some number
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that choose that convenience.
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So it really can't help but to cannibalize some
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of that theatrical return.
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- [Narrator] At least two million households
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purchased the $30 early access stream
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on the film's opening weekend.
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Johansson's lawsuit argues that her contract
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with Disney's Marvel Entertainment
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guaranteed an exclusive theatrical release,
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and her salary was tied to the box office performance
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of the film.
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However, the film was released in theaters
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and on Disney+ at the same time,
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a decision that a person familiar with the details
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of her contract said would cost her more than $50 million.
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Disney said it fully compiled with Johansson's contract
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and that the release of "Black Widow"
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on Disney+ has significantly enhanced the actor's ability
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to earn additional compensation.
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Digital film releases are happening more and more.
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According to Reelgood,
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straight-to-video on-demand movie premieres
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have more than tripled in Q4 year over year.
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In 2020, 228 film titles
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went straight to subscription videos on demand.
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The pandemic played a large part
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in accelerating the shift to premiering films online
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but that option was already in motion
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before theaters began to close.
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- I definitely think that this is a path
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that perhaps we were always headed down.
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I just think that it might have been a couple
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of years down the road,
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and now because of COVID, it made it go fast.
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- [Narrator] So what are contracts going
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to look like moving forward?
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Matallana says that actors will need
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to negotiate contracts
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that focus far less on box office ticket sales,
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and A list actors will likely try to negotiate a cut
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of any surcharge fees
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for early access to their new films.
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Actors with enough star power
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may even be entitled to revenue
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from new subscribers during a film's release.
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- 2020 was a very ideal environment
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for streaming because people didn't have a lot of options.
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In a world that people have more entertainment options,
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it's gonna normalize to something.
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I think bigger than it was prior to the pandemic.
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- [Narrator] Streaming new movies at home
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is convenient for viewers,
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and for streaming platforms, very profitable.
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Agents and actors know this,
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and experts say that moving forward,
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they'll start looking for new
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and creative ways to negotiate their way
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into contracts that cut themselves in
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on the streaming profits.