The acquisition of Marvel by Disney for a staggering $4 billion has sparked a contentious debate over the future of Marvel characters in Universal's theme parks. Key insiders from both Universal Studios and Universal Theme Parks have provided insights into the potential conflicts that may arise in the coming months and years.
At the heart of the issue is a list of licensed Marvel characters featured at Marvel Island inside Universal Orlando’s Islands of Adventure. These include Spider-Man, Dr. Doom, Hulk, Storm, Captain America, Cyclops, Green Goblin, Rogue, and Wolverine, among others. Paramount has also confirmed that Iron Man and Thor are licensed for walk-around characters.
The situation is further complicated by the specific terms of the licensing agreements. For instance, some characters are licensed for attractions but not for walk-around appearances, and vice versa. The attractions list includes Spider-Man, Doc Ock, Scream, Electro, Hydro-Man, Hobgoblin, J. Jonah Jameson, Hulk/Bruce Banner, Dr. Doom, Fantastic Four (as a group), Storm, Magneto, and Professor X. Walk-around and/or shop characters include Green Goblin, Cyclops, Rogue, Wolverine, Fantastic 4 (restaurant/walk around), Captain America (restaurant/walk around), Kingpin (shop/walk around), and merchandise (shop).
The licensing contract between Universal and Marvel is extremely narrow, requiring strict adherence to its terms. Any deviation could result in the loss of character rights. Universal’s master licensing agreement for the Marvel name includes individual sections for each property, rather than a blanket license. This means that any new use of a Marvel character must be approved by Marvel, ensuring that characters are used in a manner consistent with Marvel’s standards.
While existing deals are secure, the introduction of new major characters or expanded use of existing ones is unlikely. The current attractions, themed eateries, and shops are safe, but any unused Marvel characters will not be introduced. Walk-around characters not tied to an attraction or eatery may be at risk, as their contracts are more flexible.
Adding to the complexity, Universal Studios Hollywood had Marvel characters performing "streetmosphere" until January 2008, when the license was not renewed. Marvel had pushed for an expansion, but Universal declined due to cost concerns and disagreements over licensing fees.
Marvel is also developing its own superhero park in Dubai, near Universal’s new park, raising questions about its future under Disney. Disney now has the opportunity to incorporate many of the 5,000 Marvel characters into its theme parks, except for those exclusively licensed to Universal east of the Mississippi River.
For high-investment attractions like the Spider-Man ride, the licenses are virtually perpetual and will outlast the rides themselves. However, Disney may attempt to buy out these characters in the future, particularly if the rides are changed or closed.
Universal initially expressed confidence in retaining the Marvel characters, stating, “Marvel Super Hero Island at Universal’s Islands of Adventure and the Marvel characters are a beloved and important part of the Universal Orlando experience. They will remain so. Our guests are going to get to meet Spider-Man and all our other Marvel characters. We believe our agreement with Marvel stands and that the Disney/Marvel deal will have no impact on our guest experience.”
However, this statement was later revised to a more definitive, “Marvel Super Hero Island at Universal’s Islands of Adventure and the Marvel characters are an important part of the Universal Orlando experience. They will remain so. Our agreement with Marvel stands for as long as we follow the terms of our existing contract and for as long as we want there to be a Marvel Super Hero Island.”
Privately, Universal executives assert they have the Marvel characters "in perpetuity," but only for the ones already in use. The majority of Marvel characters, including those not currently utilized by Universal, revert to Marvel, leaving Disney free to incorporate them into its theme parks in California, Paris, and Hong Kong.
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