disney
Jury rules Disney didn’t copy Moana from surfer story
A jury has swiftly and unequivocally dismissed claims that Disney’s Moana was derived from a story about a young surfer in Hawaii.
On Monday, a federal jury in Los Angeles deliberated for just two and a half hours before concluding that the creators of Moana had no access to writer and animator Buck Woodall’s outlines and script for Bucky the Surfer Boy.
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With this issue resolved, the jury of six women and two men did not need to examine the similarities between Bucky and Disney’s 2016 animated feature, which follows the journey of a Polynesian princess.
Woodall had shared his work with a distant relative who worked for a separate company on the Disney lot. However, during the two-week trial, she testified that she had never shown it to anyone at Disney.
“Obviously, we’re disappointed,” Woodall’s attorney, Gustavo Lage, said outside the courtroom. “We’re going to review our options and consider the best way forward.”
In closing arguments earlier that day, Woodall’s attorney asserted that an extensive chain of circumstantial evidence linked the two works inseparably.
“There was no Moana without Bucky,” Lage argued.
Defence lawyer Moez Kaba countered that the evidence overwhelmingly demonstrated that Moana was the original work and the “crowning achievement” of John Musker and Ron Clements, the celebrated writers and directors behind The Little Mermaid (1989), Aladdin (1992), Hercules (1997), and The Princess and the Frog (2009).
“They had no idea about Bucky,” Kaba stated in his closing remarks. “They had never seen it, never heard of it.”
Moana went on to earn nearly $700 million worldwide.
A judge had previously ruled that Woodall’s 2020 lawsuit was filed too late for him to claim any share of the film’s revenue. Additionally, a separate lawsuit he filed earlier this year regarding Moana 2—which grossed over $1 billion—must be addressed separately. Though that case remains active, the jury’s decision does not bode well for its outcome. Judge Consuelo B. Marshall, who is also presiding over the sequel lawsuit, expressed agreement with the jury’s verdict regarding access.
“We are incredibly proud of the collective effort that went into making Moana and are pleased that the jury determined it had no connection to the plaintiff’s work,” Disney said in a statement.
Musker and Disney’s legal team declined to comment outside the courtroom.
The relatively young jury, consisting of six women and two men, watched Moana in its entirety during the trial. They also examined a 2003 story outline for Bucky, along with a 2008 revision and a 2011 script.
In later versions of Bucky, the titular character, while vacationing in Hawaii with his parents, befriends a group of Native Hawaiian youths and embarks on a quest involving time travel to ancient islands and interactions with demigods to protect a sacred site from a developer.
Around 2004, Woodall had provided his Bucky outline to the stepsister of his brother’s wife, Jenny Marchick, who worked for Mandeville Films. The company had a contract with Disney and was located on the Disney lot. He continued sending her follow-up materials over the years. He testified that upon watching Moana in 2016, he was shocked by the apparent similarities.
However, Marchick testified that she never showed Bucky to anyone at Disney. Messages presented by the defence indicated that she eventually stopped responding to Woodall’s inquiries and had informed him that she could not assist him.
Disney’s attorney, Kaba, argued that there was no proof that Marchick had ever worked on Moana or received any recognition or compensation related to it.
He further pointed out that Marchick, who is now Head of Features Development at DreamWorks Animation, spent much of the relevant period working for Disney’s competitors, including Sony and Fox, undermining the claim that she had helped develop Moana for Disney.
Woodall also submitted his script directly to Disney and had a meeting—arranged by Marchick—with an assistant at the Disney Channel regarding potential work as an animator. However, the jury determined that this did not establish a link between Bucky and Moana’s creators, Musker and Clements.
In his closing arguments, Woodall’s attorney highlighted some of the alleged similarities between the two works.
Both feature teenage protagonists on oceanic quests.
Both prominently include Polynesian demigods and shape-shifting characters who transform into various creatures, including insects and sharks.
Both depict the main characters interacting with animals serving as spiritual guides.
Kaba, however, argued that many of these elements are drawn from Polynesian folklore and universal literary themes, making them ineligible for copyright protection.
He pointed out that shape-shifting supernatural characters have appeared in multiple Disney films, including The Little Mermaid, Aladdin, and Hercules, all of which were written and directed by Musker and Clements. These films were instrumental in Disney’s 1990s renaissance and its rise as a global entertainment powerhouse.
Animal guides, he added, have been a staple of storytelling since at least 1940’s Pinocchio and feature in all of Musker and Clements’ previous works.
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Kaba asserted that Moana was developed through Musker and Clements’ established creative process—drawing from their own inspirations, extensive research, and travel experiences.
He presented thousands of pages of development documents that detailed the entire creative process behind Moana, revealing that its initial inspiration came from the paintings of Paul Gauguin and the writings of Herman Melville.
“You can see every single fingerprint,” Kaba concluded. “You can see the entire genetic makeup of Moana.”
4 days ago
It’s official; “The Devil Wears Prada” sequel in the works
Gird your loins! Disney is officially working on a sequel to the iconic 2006 film “The Devil Wears Prada,” according to multiple media reports.
Fans will be thrilled to hear that Meryl Streep is set to return as the formidable Runway editor, Miranda Priestly. Joining her will be Emily Blunt, reprising her role as Miranda’s sharp-tongued assistant, Emily Charlton, as confirmed by E! News.
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While Anne Hathaway has not been confirmed to reprise her role as Andy Sachs, there is plenty of star power returning. Original producer Wendy Finerman and screenwriter Aline Brosh McKenna are both on board for this exciting sequel, per Variety.
The plot details are already stirring excitement. The sequel will delve into the challenges Miranda faces as the magazine publishing industry declines. In a twist, the only person who can save her is her former assistant, Emily, who has now risen to become a high-powered executive at a luxury fashion group, according to Puck.
Anne Hathaway has previously shared her thoughts on a potential sequel. “I don’t think a continuation of that story is probably ever gonna happen,” she told E! News in March. However, she expressed gratitude for the film’s enduring popularity, adding, “The reason that movie felt so special was that we were a team and we did that work, but really it’s the love that everybody pours into it.”
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8 months ago
Netflix India's discount intensifies battle with Amazon and Disney
Netflix, Amazon and other video streamers are betting big on India, tantalized by the huge growth potential offered by its more than 1.3 billion people.
On Dec. 14, Netflix slashed prices by up to 60%. Its popular mobile-only plan now costs 149 rupees ($2) per month, down from 199 rupees. A basic subscription that allows a user to watch content on any device has been cut to 199 rupees from 499 rupees. Its most expensive plan, which allows for simultaneous viewing on up to four devices, has been reduced to 649 rupees from 799 rupees, reports Nikkei Asia.
But the reductions might not have gone far enough. The Los Gatos, California-based entertainment giant does not offer annual subscriptions, unlike cheaper rivals Amazon Prime Video and Walt Disney's Disney+Hotstar, which sell yearly plans for 1,499 rupees to access top services in these platforms that offer access to all content. Amazon subscribers also enjoy faster and free deliveries through the conglomerate's e-commerce platform, among other benefits.
SonyLIV dangles an even cheaper annual plan in front of India's highly price-conscious consumers, 999 rupees, while ZEE5 currently sells 12-month packages for 499 rupees.
Analysts say Netflix is trying to reach a wider audience with its price cuts as the premium service's pace of subscriber growth has been unimpressive.
"Netflix has to up the ante! It was more expensive than Amazon and Disney and is falling behind in the subscription numbers," Vineeta Dwivedi, head of digital communications at the Mumbai-based S.P. Jain Institute of Management and Research, told Nikkei Asia. "Everyone is acing the content game, but the prices have to be comparable. Ultimately, it's about the numbers, and India remains a price-sensitive market which offers a huge and growing user base."
Tapobrati Das Samaddar -- founder of Wordloom Creative Ventures, a company that deals with media, education and performing arts -- concurs. "No matter how much they loved [the content on Netflix], the general public might have thought twice or thrice before investing into its [basic 499-rupee monthly plan] because other platforms were providing far more affordable options," she told Nikkei. "Netfllix's premium pricing was not helping it grow its viewership."
According to research company Media Partners Asia, Netflix had some 4.6 million subscribers in India in 2020, Amazon Prime 17 million and Disney+Hotstar 26 million. The three providers entered India in either 2015 or 2016 and are now focusing on local content as they chase viewers in every part of the country.
Netflix's move in India contrasts with the rate hike it imposed on Japan in early 2021. The previous year, Netflix added roughly 2 million subscribers in the East Asian country to bring its total there to over 5 million.
"Netflix's pricing strategy is something of an enigma," Dwivedi said, "which creates great interest [among] media watchers around the world. Slashing prices in India while raising [them] elsewhere is a strategic long-term move to capture a larger share of the market."
Disney+Hotstar leads the pack in India, mostly thanks to its cricket offerings. The platform streams Indian Premier League and other domestic and international matches, a big draw in this cricket-crazy nation.
Amazon Prime Video will start streaming live cricket on Saturday as part of a deal with the New Zealand cricket board. "Cricket is undoubtedly the most loved sport in India," Gaurav Gandhi, country head of Amazon Prime Video, India, said in a Dec. 20 statement, "and our collaboration with New Zealand Cricket underlines our commitment to give our customers what they want."
Amazon Prime Video thus will start offering what it hopes will be a trifecta of Indian programming -- cricket, Bollywood movies and regional content to suit a multilingual, multicultural nation.
During the CII Big Picture Summit in November, Gandhi spoke about the growth prospects of India's streamers. "It's very early days," he said, "and there is a huge headroom for growth as unique, original content is created."
Other factors will play a role, Gandhi said, including India's young demographics and affordable data plans.
Roughly 65% of India's population is under the age of 35, a segment which the streamers are keen to tap. As for the cheap data plans, they are the result of stiff competition among telcos like Reliance Jio and Bharti Airtel that are trying to reach even small cities and towns.
Along with its potential subscriber bonanza, India presents a unique challenge with its multilingual, multicultural population. Amazon Prime Video is trying to meet the challenge by offering movies made in several of the nation's languages with English subtitles and, in some cases, Filipino and Bahasa Melayu subtitles so that people across the country and in other nations can watch them.
Amazon Prime Video's local language content currently reaches over 4,000 Indian cities and towns.
Globally, the company said, movies made in Indian languages are being watched in about 170 countries, with international viewers accounting for 15% to 20% of their total audiences.
The platform also offers gripping Indian originals, including "The Family Man," a spy drama, and "Made in Heaven," a series set in a marriage bureau.
Netflix is also spending big on local content. In March, it announced that it is taking its "next big leap in India to bring you more than 40 powerful and irresistible stories from all corners of the country." Among these are the now released relationship drama "Ajeeb Daastaans," family drama "Sardar ka Grandson," and mystery-thriller "Aranyak."
"While Netflix, Disney+Hotstar and Amazon Prime compete in the attention economy, comparing them is nothing short of comparing apples, oranges and watermelons," Shahan Sud, an investment professional at Indian Angel Network, told Nikkei. "Each has a different niche that they are catering to."
Notwithstanding the price cut, Sud said, Netflix "is still grossly overpriced and will face difficulty" in scaling itself across India despite some of its rivals gradually increasing their subscription fees after having started with much lower price bands.
The video streaming industry as a whole, however, is set to expand impressively. RBSA Advisors expects India's video-streaming market to grow to $12.5 billion in 2030 from $1.5 billion in 2021. "With access to better networks, digital connectivity and smartphones, OTT platforms in India have been increasingly attracting subscribers on a concurrent basis," it said in a July report, pointing out that adoption of digital streamers increased manyfold after the coronavirus pandemic struck at the beginning of 2020.
In India, video-streaming platforms are often referred to as OTT, or over-the-top, services.
"The next 100 million is from India," Netflix co-CEO Reed Hastings said in 2018 at The Economic Times Global Business Summit, in New Delhi. He was referring to the number of subscribers the streamer hoped to bag in the country in the years to come.
Finding them remains an uphill task.
3 years ago
Disney’s 'Eternals' tops domestic box office for 2nd weekend
Disney and Marvel’s “Eternals” took a steep drop in its second weekend in theaters, but it’s still hanging on to first place ahead of newcomers like “Clifford the Big Red Dog.”
“Eternals” added $27.5 million over the weekend, bringing its domestic total to $118.8 million, according to studio estimates Sunday. The film, directed by Oscar-winner Chloé Zhao and starring Angelina Jolie, Kumail Nanjiani and Gemma Chan, fell 61% from its debut. Though not uncommon for a big superhero tentpole, it was significantly steeper than the 52% drop seen by the last Disney and Marvel offering, “Shang-Chi and the Legend of the Ten Rings.”
Both played exclusively in theaters, but the main difference is that “Shang-Chi” simply got better ratings from audiences and critics. “Shang-Chi” also became available to stream on Disney+ this weekend. “Eternals” has made $281.4 million globally to date.
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Second place went to “Clifford the Big Red Dog,” which opened in theaters during the week and was also available to stream at home for Paramount+ subscribers. It made an estimated $16.4 million from 3,700 theaters over the weekend and $22 million across its five days in release.
Though critics were not impressed (it has a 48% on Rotten Tomatoes), audiences were more forgiving, giving it a promising A CinemaScore. And “Clifford” managed to do this in the face of uncertain moviegoing conditions for families.
“There’s been a lot of talk about family audiences and whether or not they want to go to the movie theater," said Paul Dergarabedian, Comscore’s senior media analyst. “I think this is a really solid debut. It shows there is a demand for family films on the small screen and the big screen."
Blockbusters rounded out the top five with “Dune” in third place with $5.5 million, “No Time to Die” in fourth with $4.6 million and “Venom: Let There Be Carnage” in fifth with $4 million. Notably, “Venom 2” this weekend became only the second pandemic-era film to cross the $200 million mark at the domestic box office. The other was “Shang-Chi.”
More and more awards hopefuls are entering the specialty box office as well, and many are making their way into the top 10. This weekend Kenneth Branagh’s semi-autobiographical film “Belfast” made $1.8 million from 580 screens in its debut. In its second weekend, “Spencer,” featuring Kristen Stewart as Princess Diana, pulled in $1.5 million from 1,265 screens. And even in its fourth weekend, Wes Anderson’s “The French Dispatch" continues to do well, adding $1.8 million and bringing its total to $11.6 million.
Outside the top 10, the Julia Child documentary “Julia” opened on five screens to $20,796.
“These films are in fewer theaters, but there is a demand for independent film which is one of the categories that everyone thought would be really hurt by the pandemic,” said Dergarabedian. “We’re really seeing signs of a much more normalized marketplace."
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Next weekend, “Ghostbusters: Afterlife” faces off against the Will Smith awards hopeful “King Richard.”
Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Comscore. Final domestic figures will be released Monday.
1. “Eternals,” $27.5 million.
2. “Clifford the Big Red Dog,” $16.4 million.
3. “Dune,” $5.5 million.
4. “No Time to Die,” $4.6 million.
5. “Venom: Let There Be Carnage,” $4 million.
6. “Ron’s Gone Wrong,” $2.2 million.
7. “The French Dispatch,” $1.8 million.
8. “Belfast,” $1.8 million.
9. “Spencer,” $1.5 million.
10. “Antlers,” $1.2 million.
3 years ago
Sourcing from Bangladesh: BGMEA proposes collaboration with Disney
The Bangladesh Garment Manufacturers and Exporters Association (BGMEA) has proposed collaboration with The Walt Disney Company to start unconditional sourcing from Bangladesh.
BGMEA President Faruque Hassan had a meeting with David Grazi, president of Disney's major sourcing partner Dreamwave, and Albert Daniel, global vice-president of sourcing at Dreamwave, in New York recently.
The apex body of the country's apparel industry proposed a partnership with Disney to start unconditional sourcing from Bangladesh and build capacity together, focusing on their specific need in technical issues, social compliance and sustainability.
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BGMEA Director Abdullah Hil Rakib and its former president Md Shafiul Islam were also present at the meeting with the US-based apparel brand.
They had discussions on other issues, including the potential of Bangladesh as a sourcing country for activewear, outerwear, swimwear, and workwear.
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The BGMEA president requested Dreamwave to increase its sourcing from Bangladesh – namely, garments produced from man-made fibre.
They also discussed how BGMEA and Dreamwave could work together to showcase the good stories of Bangladesh's apparel industry.
3 years ago
Scarlett Johansson sues Disney over ‘Black Widow’ release
Scarlett Johansson is suing the Walt Disney Co. over its streaming release of “Black Widow,” which she said breached her contract and deprived her of potential earnings.
In a lawsuit filed Thursday in Los Angeles Superior Court, the “Black Widow” star and executive producer said her contract guaranteed an exclusive theatrical release. The Wall Street Journal first reported the news of the lawsuit.
Johansson’s potential earnings were tied to the box office performance of the film, which the company released simultaneously in theaters and on its streaming service Disney+ for a $30 rental.
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“In the months leading up to this lawsuit, Ms. Johansson gave Disney and Marvel every opportunity to right their wrong and make good on Marvel’s promise,” the lawsuit said. “Disney intentionally induced Marvel’s breach of the Agreement, without justification, in order to prevent Ms. Johansson from realizing the full benefit of her bargain with Marvel.”
Disney said the lawsuit has “no merit whatsoever.”
“The lawsuit is especially sad and distressing in its callous disregard for the horrific and prolonged global effects of the COVID-19 pandemic,” Disney said in a statement. “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.”
After its release was delayed more than a year because of COVID-19, “Black Widow” debuted to a pandemic-best of $80 million in North America and $78 million from international theaters three weeks ago, but theatrical grosses declined sharply after that. In its second weekend in release, the National Association of Theater Owners issued a rare statement criticizing the strategy asserting that simultaneous release lends itself only to lost profits and higher quality piracy.
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Once taboo, hybrid theatrical and streaming releases have become more normal for many of the biggest studios during the pandemic, with each adopting its own unique strategy. This weekend, Disney is employing the same strategy with “Jungle Cruise,” and next weekend Warner Bros. big budget “The Suicide Squad” opens both in theaters and on HBO Max.
The revised hybrid release strategies over the 16 months have occasionally led to public spats from not just theater owners, but stars, filmmakers and financiers who are unhappy with the potential lost revenues and the alleged unilateral decision-making involved.
The WSJ said Warner Media, for instance, paid over $200 million in “amended agreements” with talent over its decision to release its entire 2021 slate simultaneously in theaters and on HBO Max.
But none have been as public as Johansson’s lawsuit. The actor, who has been in nine Marvel movies going back to 2010’s “Iron Man 2,” quickly became a trending topic on Twitter on Thursday after news of the lawsuit broke.
3 years ago
Disney to axe 28,000 jobs
Disney theme Park on Tuesday decided to lay-off 28,000 people in the United States as the coronavirus pandemic hits its parks and resorts business.
4 years ago
Disney CEO Bob Iger steps down in surprise announcement
Disney CEO Bob Iger, who steered the company's absorption of Star Wars, Pixar, Marvel and Fox's entertainment businesses and the launch of a Netflix challenger, is stepping down immediately, the company said in a surprise announcement Tuesday.
5 years ago
Disney Plus hits nearly 29M subscribers in 3 months
Disney said its Disney Plus streaming service reached nearly 29 million paid subscribers in less than three months, an impressive start for what the company has positioned as its future as more people drop cable subscriptions.
5 years ago
Disney dropping the 'Fox' from movie studio names
Disney is dropping the word "Fox" from the movie studios it acquired as part of last year's $71 billion purchase of Fox's entertainment business, according to published reports.
5 years ago