Scarlett Johansson is fighting the fight against Disney.
ICYMI, the actress filed suit against the massive studio in July after her lonnnnng-awaited standalone movie Black Widow was released simultaneously in theaters and on Disney+ with Premier Access, a move that she says cost her tens of millions of dollars. Like many of her Marvel co-stars, Scarlett’s solo film contract was apparently set up so that a lot of her compensation would be made on the backend, via bonuses that she would be paid when the movie hit certain benchmarks at the box office.
Things got ugly FAST when Scarlett filed her lawsuit and it doesn’t look like either side is going to pull punches any time soon. Disney’s latest move was a motion to force the suit into arbitration, which would see the issue decided by an arbitrator instead of a judge or jury and would mean the dispute would be hashed out behind closed doors, in a private process. Scarlett is fighting the motion and demanding a jury trial, according to ET Online.
“After initially responding to this litigation with a misogynistic attack against Scarlett Johansson, Disney is now, predictably, trying to hide its misconduct in a confidential arbitration,” the actress’ lawyer, John Berlinski, said in a statement to Variety. “Why is Disney so afraid of litigating this case in public? Because it knows that Marvel’s promises to give ‘Black Widow’ a typical theatrical release ‘like its other films’ had everything to do with guaranteeing that Disney wouldn’t cannibalize box office receipts in order to boost Disney Plus subscriptions. Yet that is exactly what happened—and we look forward to presenting the overwhelming evidence that proves it.”
Both sides have been quick to speak out publicly and forcefully about the lawsuit. Disney’s initial statement was a harsh reminder that, no matter how many magic castles and animated animals we associate with the brand, at the end of the day, it’s a giant corporation and can bring its claws out when the mood strikes.
In addition to being a sharp reminder that Disney is not all pixie dust and princesses, the company’s statement is the one Berlinski described as “misogynistic” in his response to the arbitration motion.
“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,” the Disney statement in question reads. “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.”
And, FWIW, Berlinksi is far from alone in calling out Disney’s misogynistic tone in the statement. The day after the suit was filed and Disney’s statement was released, TIME’S UP, ReFrame, and Women in Film, Los Angeles, issued a joint statement of their own condemning the company’s “gendered character attack” on Scarlett.
“While we take no position on the business issues in the litigation between Scarlett Johansson and The Walt Disney Company, we stand firmly against Disney’s recent statement which attempts to characterize Johansson as insensitive or selfish for defending her contractual business rights.
This gendered character attack has no place in a business dispute and contributes to an environment in which women and girls are perceived as less able than men to protect their own interests without facing ad hominem criticism.”
Screen Actor’s Guild President Gabrielle Carteris also spoke out on behalf of the actress, saying Disney “should be ashamed” of the “gender-shaming” move.
“Women are not ‘callous’ when they stand up and fight for fair pay—they are leaders and champions for economic justice,” she said. “Women have been victimized by pay inequity for decades, and they have been further victimized by comments like those in Disney’s press statements. These sorts of attacks have no place in our society and SAG-AFTRA will continue to defend our members from all forms of bias.”
TBH, this is one case we definitely want to see play out on the public record—especially since most women (even famous ones) don’t have the power and money to mount this kind of fight at all.
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