I'm going to repost my comments in the embargo news here from the Keep Hope Alive thread since it's more relevant here:
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Hate to be the debbie downer here but I think it’s very unlikely that Daredevil ever gets revived and Charlie Cox reprises the role again after this news. Two years may not sound like a lot of especially in comparison to the time it takes for the properties that Marvel licenses to Fox to revert back(if they don’t meet the deadline) but that is still enough time for the cast to go and find other work as they’ve been essentially been released from their contracts so we may end up in a situation where people like Cox won’t even be availabile to due to new contractual obligations he has to fulfill by the time Marvel gets the rights back from Netflix. Same case with the other Netflix Marvel stuff. It’s likely Cox and cast will have already moved by then so Marvel most likely willl have to move on as well. Cox and the cast certainly aren’t gonna lie down and wait until 2020 for them to start working again so I’m afraid it’s pretty much over.
I feel like many of the actors would be happy to return to the roles and do their best to find a way to make it work. But you're right without any kind of guarantee they can't just sit around and have to find work. I hope Marvel Television is already working to secure deals. If they can get a commitment from say Hulu or FX they could make contracts ahead of time.
In fact, depending on how the contract is written it's possible they could start making new seasons right now and just not premiere them until 2020. A similar thing happened to Conan O'Brien after the NBC fiasco, he wasn't permitted to appear on television but the moment that ended they ran a 60 minutes piece on him that they already filmed. Whether these shows continue depends heavily on Marvel Television getting a deal with a different platform. A part of me is hopeful, since after both Iron Fist and Luke Cage got canceled Marvel Television didn't concede to changes tells me they have a back up already set. Unless they were foolish enough to assume Disney+ would automatically pick them up without talking to them, in which case this may be the biggest blunder in television in quite some time. Or they, themselves have written off these shows and are just saving face.
An interesting question is, it's rumored that Luke Cage will appear in Jessica Jones season 3. If that's so then does that mean he can't appear until 2 year after his show was canceled or after JJ season 3 airs and what about side characters like Misty? If it's the former that means the earliest one of these characters appear is June 2020.
You raise a lot of valid questions. There is a lot of unknown to how the 2 year freeze works if someone appears in another show. But that said, my guess is we won't see movement on actual work on shows until the freeze is over. But I do hope they had some conversations with the actors about making sure their schedule is free in 2 years, especially the Daredevil cast. Maybe even offer a hand shake agreement or raise of some kind. I don't think the 2 year freeze is the deal breaker others are trying to make it out as, but it is a hurdle certainly. But other shows have been brought back after the fact a few years later, so no reason to think it's impossible. Especially for a character like Frank Castle, who really only Jon Bernthal matters. He can have an all new cast easily. I think they can make this work regardless, though. It will just come down to do they want to bring these shows back? I am really hoping they do.
So much depends on Marvel's next move. But if they do intend to continue these shows on another platform with the same cast and have a deal in place I would not be surprised on an official announcement to be made sometime after JJ season 3 premieres and production to start several months before the two year limit.
Optimistically if Marvel will/already secures a network/platform/service deal then we may get an announcement as early as spring 2019, production start in winter of 2019/20, and a new season Summer 2020 at the earliest.
I don't get why would Marvel even agree to something like that. It's as if they didn't learn anything from the movie licencing thing.
This is very different from movie licensing, non-compete clauses are very common in all businesses not just television. It protects Netflix from being taken advantage of, for instance without it Marvel could make outrages demands they know Netflix would say "no" to in order to be canceled on purpose so they can move over to a different network without breaking their contract. Also avoids having a direct competition
In the Conan example NBC was forced to pay millions in letting him out of his contract but in return he was not allow on tv for 6 months and could not host his own talk show for two years. So he couldn't immediately take the ratings away from NBC shows. Or a vindictive employee takes a whole bunch of clients with him when leaving a company. It's not one side screwing over the other but more a matter of protecting themselves and enforcing common courtesy.
Many times networks are willing to wave this and grant permission for showrunners to pitch revivals on other networks. I know when Firefly was canceled Fox gave Whedon permission to find another network. Considering Netflix's dependency on exclusivity I don't see them waving that clause. Depending on the relationship with Marvel and Netflix I can see them shortening the time frame if Marvel requests it. Still I doubt it would happen.
Based purely on my own speculation on their relationship I don't think Netflix will threaten legal action if Marvels want Luke Cage season 3 to premiere in June 2020 even if he appears in Jessica Jones season 3. Likewise I don't think they'll enforce this on any supporting character of the shows. I think they'll be lenient when it comes to a series being revived. But stricter when it comes to new shows or films. For example I would not be surprised if they allowed Danny or Colleen to guest star in LC season 3 before their own series embargo is lifted since it's only a few months difference anyway.
What I'm certain they would be strict about is if Marvel gets devious. Since Defenders was technically canceled a year ago does that mean they can have those 4 characters appear in a Defenders show next year? I'm certain Netflix would throw a fit and since the report says "Character" not "show" I doubt Marvel could even try. Still, summer 2020 should not be too much a problem.
In ANY hypothetical case the sooner Marvel secures a new platform the better chances these shows have.