So when
Bob Iger said characters will be appearing in parks, he didn't really mean it?
They didn't buy Marvel to do one thing with it. Or two things. Or three. They bought it for everything -- the movies, the comics and the characters, and they plan to use them. You don't spend a few billion dollars on something you plan to leave on the shelf.
Exactly.
But Disney didn't go into this deal with their eyes closed, either. They knew about every existing contract Marvel had on it's books...and you can be darn sure they payed special attention to the one with Universal.
And yet, they bought the company anyway. You have to assume that Disney was OK (maybe not happy or ecstatic) with the existing terms and revenue generated through the contract. Does that mean Disney won't look for a loophole to try to invalidate or get around the contract? No...of course they will. But it likely means that, even if they can't do that, they have no problem taking the money they're supposed to get.
As others have said: Disney will play hardball. The contract, apparently, is basically in perpetuity, East of the Mississippi, so long as they do not "fundamentally change the attractions". Which means they can't really update them, they can't add new attractions...and they're never going to get the rights to additional characters. Granted, the ones they have the rights to are pretty iconic. But there may very well come a time when universal decides it's in IT'S best interests to move on.
The thing about Disney is....they don't seem to be an overly anxious company. They seem perfectly content to bide their time and wait....and when you're Disney, you can probably do that. That's PROBABLY what will end up happening here: They'll simply wait out Universal, taking their cut of the license fee and merchandise sales.
As for Universal having "The upper hand"..I don't know about that. They have the license to properties OWNED by their rival, they're indirectly PAYING that rival for the use of them, and the attractions the properties are based on can't be significantly updated or refreshed. They also need to be strictly maintained to the contracted level of "quality" (whatever that is). They also can't be shuttered, reportedly, for a long period of time (except for maintenance/rehab), which means any expansion in that area of the park is going to be restricted...because the attractions will likely need to be kept open while work is done around them. I wouldn't say they have "the upper hand"...because they certainly can't be thrilled with the current situation.
BUT, as long as they're making a decent profit, they'll deal with it. Just like Disney will.