Theme Park Marvel Licensing Status?

[MagicallyMom]

Howdy! I've been seeing some GotG attraction at Disney chatter which made me curious where Disney currently stood with Universal on licensing issues?

 

[maverik85]

I'm a bit curious as well. As far as I know the original licensing contract still stands that Universal has theme park rights east of the Mississippi. Think when Disney bought them it became something about that Universal could only use the current characters that they have in the park, which is a lot/most of the Earth based to soem extrent with FF, X-Men, Spider-Man, Avengers.
Disney supposedly is allowed to use ones that aren't connected to the ones used at Universal. So that means noone connected to the Avengers for their current line up which only leaves the GotG. However, once Infintiy War comes out I would have thought they'd then be connected as they will be teaming up against Thanos. So there must be something else if there is any real consideration for a GotG attraction. Possible that Universal and Disney worked out some private deal behind doors though, or just as simple as even though they are teaming up the Guardians are still viewed as a wholly individual team giving Disney the rights to them over Universal.

 

[rteetz]

Nothing has or is changing with the Marvel licensing. There are certain properties like GOTG and Dr. Strange that can be used in WDW parks though. There is currently a GOTG meet and greet going on.

 

[jknezek]

Howdy! I've been seeing some GotG attraction at Disney chatter which made me curious where Disney currently stood with Universal on licensing issues?

Best column I've found regarding the contract and its provisions. http://orlandounited.com/2016/05/darn-marvel-contract/

Take a read through and most of your questions about what is, and isn't, allowed will be answered. There is some legalese, but most is translated to English.

 

[MagicallyMom]

*sigh*

I was unaware of the "in perpetuity" language. I was hoping for more Marvel at Disney in the future.

 

[jknezek]

*sigh*

I was unaware of the "in perpetuity" language. I was hoping for more Marvel at Disney in the future.

Well... you will get a lot more Marvel at Disney. I'm just thinking the biggest of the Marvel characters will not be at WDW any time soon. I think it is likely Disneyland will get a Marvel land or even possibly a park, though I think that is unlikely. Depending on how litigious Disney and Universal want to be, you will continue to see new franchises appear in movies and, if successful, those characters may be able to move in to the parks in rides, shows, and characters. GotG is not the only "minor" Marvel franchise Disney will mine going forward, and Steven Strange is not the only single character that will get a Disney movie. WDW is just more than a bit out of luck with the most well known characters.

 

[DanBoris]

Best column I've found regarding the contract and its provisions. http://orlandounited.com/2016/05/darn-marvel-contract/

Take a read through and most of your questions about what is, and isn't, allowed will be answered. There is some legalese, but most is translated to English.

I don't entirely agree with everything that article says since it implies that GotG couldn't be used in a ride in Orlando, but there have been strong rumors that a ride is planned which means it is clear for Disney to use. Note that nothing it the article writers bio indicates that he has any more legal training then most people on these message boards, so the opinions in the article don't hold any more or less weight for me then discussions about the contract by people on this board.

 

[jknezek]

I don't entirely agree with everything that article says since it implies that GotG couldn't be used in a ride in Orlando, but there have been strong rumors that a ride is planned which means it is clear for Disney to use. Note that nothing it the article writers bio indicates that he has any more legal training then most people on these message boards, so the opinions in the article don't hold any more or less weight for me then discussions about the contract by people on this board.

Rumors that a ride is planned does not mean it is in the clear. First, rumors are simply rumors, and right now the rumor that GotG is going into UoE seems to be trending downward anyway. But the rumor of a ride here or anywhere else is certainly no guarantee that Disney has or has not internally decided if the ride is legally, mechanically, or monetarily viable. In this case, it is the legality that is part of the ambiguity of the contract and I think it could be litigated were Disney to go ahead and Universal were to object. Does that mean Universal would win? No. But I have brought that point up repeatedly. It isn't clear that Disney can put in a GotG ride if Universal wanted to object based on the contract language. If Universal doesn't want to object, then it simply doesn't matter. It will be interesting to see. Regardless, Disney knew they were severely restricted in WDW when they purchased Marvel. I'd imagine they will skirt the line as much as they think is worthwhile in Orlando, but they have other parks where they can leverage Marvel if Universal were to get prickly.

 

[DanBoris]

Rumors that a ride is planned does not mean it is in the clear. First, rumors are simply rumors, and right now the rumor that GotG is going into UoE seems to be trending downward anyway. But the rumor of a ride here or anywhere else is certainly no guarantee that Disney has or has not internally decided if the ride is legally, mechanically, or monetarily viable. In this case, it is the legality that is part of the ambiguity of the contract and I think it could be litigated were Disney to go ahead and Universal were to object. Does that mean Universal would win? No. But I have brought that point up repeatedly. It isn't clear that Disney can put in a GotG ride if Universal wanted to object based on the contract language. If Universal doesn't want to object, then it simply doesn't matter. It will be interesting to see. Regardless, Disney knew they were severely restricted in WDW when they purchased Marvel. I'd imagine they will skirt the line as much as they think is worthwhile in Orlando, but they have other parks where they can leverage Marvel if Universal were to get prickly.

If Disney was/is seriously considering building a GotG ride in WDW then I personally believe that they would have worked out the legal issues before it got that far. They article tries to make a case for Disney not being able to use GotG by providing rationalizations for how they got away with the things they have done, but now we have a full on GotG M&G so I personally believe that GoTG is not covered by Universal's exclusivity.

 

[jknezek]

If Disney was/is seriously considering building a GotG ride in WDW then I personally believe that they would have worked out the legal issues before it got that far. They article tries to make a case for Disney not being able to use GotG by providing rationalizations for how they got away with the things they have done, but now we have a full on GotG M&G so I personally believe that GoTG is not covered by Universal's exclusivity.

You may be right. We'll never know unless Universal decides to litigate. But I tend to agree that Disney will have checked the boxes, either legally or with an agreement with Universal, before going public or even doing serious design work. Something it is important to remember we don't know if they have done yet unless you believe the rumor is a fact and not a rumor.

Having a character meet and greet is the best indication I've seen yet that Disney believes they have a legal right to use those characters in Orlando. Universals lack of response so far is a pretty good indicator that they are right.

Again, it's the best column I've seen for explaining things. It's not the final word on what can and can't be done. Someone else may have a column they like better.

 

[Lee Matthews]

Personally, I think if Marvel was possible in WDW, they would have been building by now like they are with Star Wars land. Seems like Marvel is going to get a presence in a few Disneyland parks around the world which is where them focusing

 

[DanBoris]

Personally, I think if Marvel was possible in WDW, they would have been building by now like they are with Star Wars land. Seems like Marvel is going to get a presence in a few Disneyland parks around the world which is where them focusing

I would agree, if they were going like gangbusters putting Marvel in other parks, but they aren't. Disney has owned Marvel for almost 8 years now and all we have is an Iron Man ride based on an existing ride system, and a re-skin of the Tower of Terror in DCA.

 

[Phicinfan]

I will disagree. I think they are being choiceful. At some point they will hit the saturation point. I think they need big hits in some of these other films (Black Panther, Capt Marvel and such) to take focus off of the marvel characters that Uni owns. Then if those take off, you will see more movement. Just my opinion.

I have no doubt that Disney had no idea how successful Marvel would be for them in films, they will play up what they can in DL, and elsewhere, and then romp once the other characters take steam.

 

[Lesverts]

I will disagree. I think they are being choiceful. At some point they will hit the saturation point. I think they need big hits in some of these other films (Black Panther, Capt Marvel and such) to take focus off of the marvel characters that Uni owns. Then if those take off, you will see more movement. Just my opinion.

I have no doubt that Disney had no idea how successful Marvel would be for them in films, they will play up what they can in DL, and elsewhere, and then romp once the other characters take steam.

By the time Disney took over the distribution rights to the MCU from Paramount, Disney was well aware of how successful Marvel films would be for them. 2.3 billion in global box office against 780 million budget. Also Disney bought the distribution rights for the Avengers and Iron Man 3 from Paramount and bought full control of the non-Disney MCU from Paramount around the same time.

 

[Lee Matthews]

I'm happy for Marvel to come to Disneyland Paris and not WDW. Best of both worlds

 

[BobaFettuciniAlfredo]

Personally, I think if Marvel was possible in WDW, they would have been building by now like they are with Star Wars land. Seems like Marvel is going to get a presence in a few Disneyland parks around the world which is where them focusing

Absolutely agree that they would already be in the works. I think they are trying to get what they can out of it, which is why there are Marvel themes on some of the DCL ships and Marvel Days at Sea. Marvel is a HUGE money-maker for them and it is not like Disney to try not to take advantage of something so profitable (like Frozen, Star Wars, Pixar, etc). I think as long as Marvel keeps making profitable movies, Universal will hold on to whatever rights they can for as long as they can to benefit from its success.

 

[OldsDr]

Absolutely agree that they would already be in the works. I think they are trying to get what they can out of it, which is why there are Marvel themes on some of the DCL ships and Marvel Days at Sea. Marvel is a HUGE money-maker for them and it is not like Disney to try not to take advantage of something so profitable (like Frozen, Star Wars, Pixar, etc). I think as long as Marvel keeps making profitable movies, Universal will hold on to whatever rights they can for as long as they can to benefit from its success.

There is no need for WDW to renegotiate the Universal/Marvel deal. They are making pure 100% profit with absolutely no investment from that deal. They have plenty of other IP to sell in their gift shops to want to move the Marvel gift shops a couple miles down the road just so they can sell that stuff at WDW.

 

[tjkraz]

Personally, I think if Marvel was possible in WDW, they would have been building by now like they are with Star Wars land.

Well, Disney has owned Marvel for around 8 years now and they weren't in any rush to add characters to Disneyland where it was clearly permitted. Disney's pace is maddeningly slow at times. But since we're talking about 10-figure investments, it's not surprising that they exercise a great deal of caution.

There is no need for WDW to renegotiate the Universal/Marvel deal. They are making pure 100% profit with absolutely no investment from that deal. They have plenty of other IP to sell in their gift shops to want to move the Marvel gift shops a couple miles down the road just so they can sell that stuff at WDW.

I'm sure Disney would love to have a do-over on the contract. It was signed at a time when Marvel's value was low so the financial terms are certainly not what they would be today. And having their property in another company's theme park is less than ideal. In a similar vein, Disney could license some little-used property from their vaults to Universal, Six Flags or Cedar Fair...but we all know that won't happen.

But I cannot see Disney spending a lot of money to try an buy-out the Universal deal. They're stuck with it.

 

[lockedoutlogic]

That time again, huh?

No...they're not breaking the marvel contracts.

1. It's absolutely free money
2. They've got a competitor over a barrel
3. If they broke it...why would they want to invest the Capex to exploit it?
4. You keep booking trips no matter what is or Isn't in the parks...so why bother worrying from TDO?

...all of these things will be on Friday's exam...class dismissed.

 

[OldsDr]

I'm sure Disney would love to have a do-over on the contract. It was signed at a time when Marvel's value was low so the financial terms are certainly not what they would be today. And having their property in another company's theme park is less than ideal. In a similar vein, Disney could license some little-used property from their vaults to Universal, Six Flags or Cedar Fair...but we all know that won't happen.

But I cannot see Disney spending a lot of money to try an buy-out the Universal deal. They're stuck with it.

They may want better terms, but that does not negate the money they do get for zero investment.

Trying to renegotiate free money would be like ABC turning down advertising for Universal or Comcast. WDW and Universal studios theme parks are competitors, but on the grand scheme their parent companies are both competitors and suppliers to each other, they may even be partners at some level.

Disney bought marvel to make movies, the Themeparks were an afterthought to that purchase. As long as they keep getting a check from Universal for doing nothing I think they will be happy.