The Curious Case of Spider-Man & Hulk Rights (Or Keep Hope Alive That the Rights Will Revert)

[psylockolussus]

I prefer a 2 hour movie that I can finish in one sitting than binge watch 8 episodes in a day. But that's just me.

 

[Vigilante LXXXV]

The netflix characters revert to marvel in december right? I need MCU Daredevil and Luke Cage

 

[Erzengel]

2 characters I love. I hope Sony can bring their A game for these.

 

[Schlosser85]

Sony barely has an "A game".

 

[Vigilante LXXXV]

Into The Spider Verse was a rare A game but usually they're on a B game now

 

[Dark Raven]

The netflix characters revert to marvel in december right? I need MCU Daredevil and Luke Cage

I thought it would be ages, but nothing much has happened anyway since the pandemic so it's not like if they are integrated into the MCU that it would've even felt like a real wait compared to anything else.

 

[Vigilante LXXXV]

I thought it would be ages, but nothing much has happened anyway since the pandemic so it's not like if they are integrated into the MCU that it would've even felt like a real wait compared to anything else.

Yeah true but would still be nice to make it official and at least start off with Disney + profile pics like with X-Men. Maybe some merch or add them in games

 

[Detective Conan]

 

[Spider-Fan]

Not shocked. Other distributors I imagine will follow this guideline.

 

[Schlosser85]

That's a rare actual prudent and logical decision by Sony.

Shoving ultra-expensive big tentpole (or at least intended to be) movies out into theaters right now is just setting them up for failure.

 

[metaphysician]

Into The Spider Verse was a rare A game but usually they're on a B game now

I'm pretty sure that happened largely by virtue of being animated, and thus considered beneath notice, on some level.

 

[babykhris]

Marvel Can Reboot Iron Fist and Luke Cage in a Month

 

[Dark Raven]

Marvel Can Reboot Iron Fist and Luke Cage in a Month

Those two are definitely in need of a reboot. With this year pretty much skipped over, it won't even feel like there's been a wait to use them again. But will Marvel do that or will they shelve them indefinitely? Hopefully they'll also use Daredevil as soon as possible.

 

[Joefixit]

I really wish this would happen! He or Norton coming back would be the best thing ever for the Hulk! Actors that actually know the history and care for the character would do right by him and not let him turn into the crap that we have seen in the last two avengers movies!Matthew McConaughey Says He Wanted to Play the Hulk But Marvel Wasn't Game

 

[Schlosser85]

I don't see McConaughey as Banner.

 

[Detective Conan]

I don't see McConaughey as Banner.

Yeah... I don’t see it either. Wasn’t he actually in the running for Ego?

 

[Roose Bolton]

I mean, a guy who was repeatedly abused as an infant and now suffers from pretty extreme dissociative identity disorder, paranoia and depression? Yeah, McConaughey can do that easily. Plus, Banner’s got that wandering rural vibe to him that belies his genius that McConaughey could capture.

The problem is though, if you hire someone like McConaughey, you don’t go for a friendly comedic nerd like the MCU painted him as, you’d go for something that’s truer to the comics.

 

[ADollarADay]

Haven't posted in awhile, but with WB going all in on day and date releases on HBO Max, the termination of the Paramount Consent Decree (which allows studios to own movie theaters, something they will likely do IMO) and the possible (likelihood) death of multiplex theaters in NA then that may have some interesting consequences to the Marvel - Sony Spider-Man contract. The contract stipulates that

13.f. Release Specification. Each Picture which is released by SPE shall receive an initial domestic (i.e., United States and Canada) theatrical release on no less than 2000 screens (or other analogous viewing format now known or hereafter devised).

An argument can be made whether streaming would be analogous viewing and how they would quantify the equivalent requirement for Sony to keep the contract in good standing.

 

[Docker2.0]

Haven't posted in awhile, but with WB going all in on day and date releases on HBO Max, the termination of the Paramount Consent Decree (which allows studios to own movie theaters, something they will likely do IMO) and the possible (likelihood) death of multiplex theaters in NA then that may have some interesting consequences to the Marvel - Sony Spider-Man contract. The contract stipulates that



An argument can be made whether streaming would be analogous viewing and how they would quantify the equivalent requirement for Sony to keep the contract in good standing.

Ah man! You had to ruin Christmas!

 

[Detective Conan]

 

[Zyraquis]

Not sure about this extension. The constant rumored additions to the cast to the latest film already gives me a feeling it will be an complete, utter, regrettable hot mess to pander to old fans and Sony as well as to sell toys first and foremost. First time I have had such impression on a Marvel film in production. Sometimes less is more. So if that means more hot messes, I would say shut it down.

 

[SirStrangefolk]

Haven't posted in awhile, but with WB going all in on day and date releases on HBO Max, the termination of the Paramount Consent Decree (which allows studios to own movie theaters, something they will likely do IMO) and the possible (likelihood) death of multiplex theaters in NA then that may have some interesting consequences to the Marvel - Sony Spider-Man contract. The contract stipulates that



An argument can be made whether streaming would be analogous viewing and how they would quantify the equivalent requirement for Sony to keep the contract in good standing.

Even if they can meet the terms of the contract on technicality, wasn't Sony Pictures already not doing well financially before the pandemic? I can imagine with these long delays (Morbius just got pushed back again to October) that won't be doing them any good. And they also don't have their own streaming platform or some very beneficial streaming exclusivity deal or anything like that that I'm aware of. I can imagine these are hard times for them and they might need to sell off stuff or even be bought out after.

 

[Iceman]

Hope it leads to good things.

 

[Darkprime]

Not sure about this extension. The constant rumored additions to the cast to the latest film already gives me a feeling it will be an complete, utter, regrettable hot mess to pander to old fans and Sony as well as to sell toys first and foremost. First time I have had such impression on a Marvel film in production. Sometimes less is more. So if that means more hot messes, I would say shut it down.

Thats ridiculous. We haven't even seen the movie yet. Sure its likely not going to be for some people and thats fine. But Spider-Man is a Marvel character and belongs with Marvel Studios.

 

[ADollarADay]

I was searching for Fox's agreement with Universal on theme park rights for the Simpsons and may have bumped into the Marvel Paramount contract, which according to Marvel is pretty much the same terms as the Marvel Universal contract. And as usually happens with me when I find such things I go down the rabbit hole lol. I haven't read it like I did the Spider-Man one, but I can tell you that Marvel got MUCH smarter than they were in the 90s. It also confirms what we had figured out because of those ABC planned Hulk TV shows. The only rights that Marvel does not have is the distribution rights to the movies.

It seems to me that the distribution rights that Universal has on Hulk has an expiration date of 15 years + 3 pay TV windows. It would also help explain why Disney hasn't tried to acquire those rights since they weren't as imperative to own to kick off the MCU as the Paramount contract was. Marvel and Paramount amended the 2005 contract in 2008 which meant they had the rights to Avengers, Iron Man, Thor, Cap and sequels. Disney HAD to acquire those from Paramount. Hulk could wait, especially if there's an expiration date on the distribution rights.

Paramount extends deal with Marvel

The other films included in the newly extended Paramount pact are “Thor” in 2010, “Captain America” in 2011, “The Avengers,” also in 2011, and “Iron Man 3,” which does not yet have a release date.

Anyways, be warned. This may be a confusing post. I have spent the past few hours going down this rabbit hole. I may be wrong. Hell I must likely am, so anyone can check the links here and try to figure it out.

https://sec.report/Document/0001116679-06-002363/

“Studio Distribution Agreement” means (i) the Paramount Agreement, (ii) the Universal Hulk Agreement (with respect to Distribution Rights related to the Marvel character known as “The Hulk” only)

https://www.sec.gov/Archives/edgar/data/933730/000111667907000580/m10k.htm

MVL Productions LLC’s studio distribution agreement with Paramount requires Paramount, at the request of MVL Productions LLC, to distribute up to ten films financed and produced under the film facility. Paramount is required to release each film during one of two prime release periods each year: the Spring/Summer and Fall/Holiday seasons. Under the studio distribution agreement, Paramount has guaranteed MVL Productions LLC wide distribution outside of the Reserved Territories with commensurate advertising and marketing efforts for each film. Included in Paramount’s distribution rights are exclusive theatrical and non-theatrical (e.g., exhibition on airplanes, schools and military installations), home video, pay television and international television distribution rights. Excluded are all distribution rights with respect to the Reserved Territories and free television distribution in the United States. As compensation for its services under the studio distribution agreement, Paramount is permitted to recoup its distribution costs (including print and advertising costs) and expenses for each film from the gross receipts of that film and to receive a distribution fee before we receive our share of gross receipts.

Universal Studios has agreed to distribute Marvel’s film The Incredible Hulk and sequels on essentially the same terms as those on which Paramount has agreed to distribute the other films financed and produced under the film facility.

This is the amended Studio Distribution Agreement mentioned above.
https://www.sec.gov/Archives/edgar/data/933730/000111667905002681/ex10-1.htm

4. Distribution Rights: Paramount shall have the following rights with respect to each Committed Picture, each Additional Committed Picture, if applicable, each Qualifying Sequel and each Optional Picture for which Marvel has delivered notice to Paramount pursuant to Section 2.B, in the Territory (collectively the “Paramount Distribution Rights”) during the Distribution Term:

A.The exclusive Theatrical Distribution Rights;


B.The exclusive Non-Theatrical Distribution Rights;

6. Distribution Term: Paramount shall have the right to exercise its Paramount Distribution Rights with respect to each Picture for an initial period of 15 years commencing on the initial Theatrical Exhibition of such Picture (the “Initial Distribution Term”); subject to extension for United States pay television only, until the expiration of the third window under Paramount’s U.S. Pay Television output deal, if such third window has not been completed as of the expiration of the Initial Distribution Term provided that each U.S. Pay Television Exhibition window shall be no longer than five (5) years; subject to extension with respect to all rights other than U.S. Pay Television for an additional two (2) years from the end of the Initial Distribution Term if at the end of the Initial Distribution Term Paramount has not recouped its Distribution Costs and Expenses with respect to such Picture (the “Distribution Term”).

Reserved Rights: The following rights with respect to each Picture:
i. All rights of any kind and nature now known or hereafter created or conceived in the Reserved Territories;


ii. Free Television Distribution Rights in the United States and Canada, its territories and possessions. Marvel agrees that its exercise of its Free Television Distribution rights shall be subject to customary holdbacks in favor of Paramount’s granted television rights and Paramount’s exercise of its licensed rights is subject to customary holdbacks in favor of the Reserved Rights.


B.
All rights not expressly granted to Paramount, including without limitation, the following rights: merchandising, soundtrack, videogame, publishing (other than free excerpts for marketing purposes), music publishing, production of derivative works and other audio-visual works based on the Marvel Characters and/or Marvel Titles, including without limitation, television and direct-to-video motion pictures, and all rights in and to the Marvel Characters, Marvel Titles and the Marvel Universe. The foregoing shall not restrict Paramount from using the soundtrack to the Picture in timed synchronization to the visual images of the Picture in connection with the exercise by Paramount of its Paramount Distribution Rights provided such use is not separately charged to an end-user.

https://sec.report/Document/0001116679-06-000579/

Hulk was, as we all know was a Universal project and it’s been in development for quite a while. Like all our movies, all our contracts, movies have to meet specific release dates. And if principal photography does not reach a certain date, then we get our properties back the same thing as Iron Man with New Line.

So, as time was - time and development was taking its course, we entered into discussions with Universal. There was a realization that it will be quite difficult for them to make this principal photography date and gave Marvel an opportunity to recoup our rights. In return, Universal will be the distributor for Hulk but will do it on our terms which will give us all rights, all licensing, all revenues and advantageous position on one of our prime properties.

We are very aggressive in development on Hulk and actually its the same situation with Iron Man that we got back from New Line; again, they couldn’t make the principal photography date and gave us an opportunity to recoup and regroup and this is also in development.

Well, Hulk will be distributed by Universal based on our agreement with them. And we will - when the time comes, we’ll decide how we want to fund the Hulk.

Iron Man is not going to be distributed by New Line. It’s up to us where we want to place it. It could end up in Paramount, it could end up somewhere else. And again, we will - at the appropriate time, we’ll - we are developing the project ourselves under the Marvel banner. And when it comes to starting production, we will make a decision if we want to use either the fund or alternate financing these marquee properties. And we feel comfortable that we’ll find the funding to put it forth.