Casualties of the Marvel Movie War

13 Nov, 2014 By: John Latchem

The rise of Marvel Studios is starting to have a profound effect on the entertainment industry, and not just for what it means at the box office.

Paramount Pictures, which had a distribution deal with Marvel before Disney bought the comic book company, recently reported a significant drop on annual profits without its Marvel deal in the mix. Now that it’s firmly entrenched in the House of Mouse, Marvel has plotted out its theatrical strategies into the next decade, part of a cinema cold war of sorts with DC Comics, which has its own line-up of films slated by Warner Bros.

Given Warner’s inconsistent attempts to adapt its DC properties to the big screen (aside from Batman and Superman), it’s easy enough to assume Marvel has a better chance of making good on its proposed film slate at this point, having already released 10 films as part of the Marvel Cinematic Universe and seemingly printing more money with each one.

In 2016, Marvel has Captain America: Civil War, an adaptation of a comic book storyline that saw various factions of superheroes turn against each other over political disagreements. Interestingly, the ascendency of Marvel Studios has sparked something of a civil war within the various Marvel comics properties relating to film rights.

Before Marvel Studios was a glint in anyone’s eyes, Marvel Comics licensed the film rights to some of its biggest characters, with the Hulk at Universal, the X-Men and Fantastic Four going to Fox, Spider-Man ending up at Sony, etc. So when Marvel Studios started up, they only had the rights to what were considered second-tier characters at the time, such as Iron Man, Thor and Captain America. However, the fact that the characters they still had formed the core of the Avengers sparked the idea of building a shared cinematic universe to play in.

The rights to some characters, such as the Hulk, Daredevil, Ghost Rider and Punisher, have since returned to Marvel, allowing for their incorporation into the MCU. And certainly Marvel would like to get the rights Spider-Man, the Fantastic Four and the X-Men back, which they won’t be able to as long as Sony and Fox continue to make movies with those characters.

Fox seems particularly entrenched to keep Marvel from getting some if its characters back, especially after moving forward with a reboot of the Fantastic Four that has many fans scratching their heads. Marvel’s response seems to be a passive-aggressive war of attrition, as the comics division has canceled the Fantastic Four book, meaning it won’t be around to cross-promote the new film. Also, apparently Disney has blocked any merchandising for new “X-Men” products such as action figures, and Marvel has barred its comics writers from creating any new characters for the “X-Men” books, so Fox won’t have any new material to adapt into films.

Oh, and Marvel also decided to kill off Wolverine, the most popular X-Men character in the film series and the only one to appear in all seven movies.

This would seem to be a strategy meant to devalue the properties from within, diminishing Fox’s financial incentive to continue producing films. (It might also appear to be Marvel shooting itself in the foot on the comics side, but they probably feel the popularity of the comics is elastic enough to bounce back after the house studio recovers the necessary rights.)

One result of this animosity is that Fox has banned Marvel from using the term “mutant” in its movies to explain how any of their superheroes have powers. As fans of the comics are well aware, the mutant concept was introduced with the “X-Men” in the 1960s as a way to explain characters born with superpowers via genetic mutation, a plot point played up in the “X-Men” movies through its motif of the evolution of mankind.

Generally, Fox has exclusive rights to all of the Marvel Comics mutant characters, with a few exceptions, most notably Scarlet Witch and Quicksilver, who are members of the Avengers but also the mutant children of No. 1 X-Men baddie Magneto. The murkiness of these rights issues is playing out in the form of dueling Quicksilvers, with different versions of the character appearing in both X-Men: Days of Future Past and Avengers: Age of Ultron.

Using these two mutant characters, however, does raise a story issue of how they obtained their powers within the context of the MCU. That might be one reason that the Marvel is devoting a lot of attention to its “Inhumans” brand. The Inhumans are essentially a race of superpowered descendants of humans who were genetically manipulated by aliens millions of years earlier.

Fundamentally, they differ from mutants in that their genetic distinctions are a result of engineering rather than evolution, but functionally they serve the same purpose. MCU can simply dub its superpowered characters Inhumans instead of mutants and carry on without any concern at all. In fact, the MCU properties are already carefully laying the foundation for these story points, with the means of obtaining superpowers being a central focus of the “Agents of S.H.I.E.L.D.” TV show, which is deep into a story arc that involves alien artifacts and DNA unlocking mysterious abilities. The MCU has already trotted out the terms “gifted” and “age of miracles” to explain non-mutant superpowered humans, but Inhumans would accomplish the goal in a much more elegant way.

Certainly, MCU’s adaptation of the Inhumans may differ from the comics presentation to fit its needs, but the fact that an Inhumans movie is slated for 2018 definitely shows they already have some role to play in the MCU.

On the flip side, a rift in character rights doesn’t have to lead to a rift between the studios involved. Contrast the Fox/Marvel rift with the relatively cozy relationship between Marvel and Sony, which are rumored to be in talks to connect the Sony’s Spideyverse to the Marvel Cinematic Universe.

This isn’t the first time such an idea has been floated. In 2012, the Oscorp building from The Amazing Spider-Man was reportedly approved by Sony to appear in The Avengers but the visual effects couldn’t be finished in time.

It’s unclear if the MCU Spidey would continue with the ASM storylines or reboot the franchise yet again, but obviously an alliance between Marvel and Sony over Spider-Man would be a huge deal for future MCU and Spider-Man films.

It would also shield Sony from the criticism that, following the poor reception of Amazing Spider-Man 2, that it’s only trying to pump out Spidey movies to maintain the rights, without regard to quality. Marvel Studios has clearly demonstrated that it has a firm grasp on how to adapt its characters into popular, well-received blockbuster films, and there’s no reason to think they couldn’t do the same with Spider-Man.

As far as Fox is concerned, it’s not like they don’t work with other studios either. Fox recently reached an agreement with Warner Bros. that paved the way for the long-awaited home video release of the 1960s “Batman” TV series, which is being handled by Warner.

But the impacts of its dispute with Marvel could be felt well beyond just the Marvel properties. For instance, could the feud spill over into Disney-owned Lucasfilm’s efforts to promote the next “Star Wars” movie? After all, Fox still controls distribution of the earlier films for a few more years, and owns the distribution rights to Episode IV in perpetuity, so any plans Lucasfilm has for new boxed sets of the earlier films will require Fox’s cooperation. This is especially the case if the rumors are true that Disney is hoping to release Blu-rays of the unaltered original trilogy, something “Star Wars” fans have been demanding for years.

It’s a mess to be sure, but if anything is certain in Hollywood, it’s that money will always win out in the end.

Casualties of the Marvel Movie War

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About the Author: John Latchem