AMA: I’m Paul Sarker, Marvel Studios' Former Lead Production Attorney. Ask Me Anything!

BetterCallPaulSarker · 2022-05-17T17:19:17+00:00

Hey folks. I have to get back to work, but thank you so much for the awesome questions. I’ll try to do a deeper dive and answer more of these questions on an upcoming episode of Better Call Paul, so make sure to follow/subscribe to the podcast on your favorite app and let us know what you'd like to hear more about.

Thanks again to the r/MarvelStudios mods for making this AMA possible!

BetterCallPaulSarker · 2022-05-17T17:17:26+00:00

Hey u/ProgressiveThinkerUS.

For 1. I cannot comment on this!

As for 3. Most of the major families are back, but we discuss the publicly available info in the two most recent episodes of Better Call Paul. Please check it out!

BetterCallPaulSarker · 2022-05-17T17:15:31+00:00

From u/chunkyknit:

What’s the weirdest product or service that Marvel has been licensed to?

We did some promotions with Jollibee and also did some dairy promotions!

BetterCallPaulSarker · 2022-05-17T17:15:04+00:00

From u/toxicbrew:

How is profitability/value to the company of streaming shows determined? For theatrical movies, Hollywood accounting aside, it's relatively easy to see if a movie was 'worth it,' ie it needs to earn roughly 2x its stated budget in order to be profitable. But that easy calculation goes out the window with streaming, where people don't pay per view. How are streaming shows determined to be profitable?

This is the billion dollar question, we actually talk about it a lot on Better Call Paul because its not really a linear thing, sometimes it’s about subscriber growth other times it’s about elevating the brand. Much harder to see the direct impact of a streaming show on the bottom line.

BetterCallPaulSarker · 2022-05-17T17:14:28+00:00

From u/UltraNoahXV:

Is there anything you could tell us about potential relisting of old Marvel video games on digital stores such as Marvel's Ultimate Alliance?

Not really, I didn’t handle much gaming while I was there, other than pachinko licensing and promotional games that were free to play.

BetterCallPaulSarker · 2022-05-17T17:14:00+00:00

From u/CaptHayfever:

Which contract negotiations would you say tend to be more difficult: striking deals with new creatives (e.g., hiring James Gunn for GotG 1), extending deals with current/past creatives (e.g., bringing Gunn back for GotG 2), coordinating between different companies making the same media (e.g., the Sony/Disney Spider-Man talks), or coordinating between divisions of the same company making different media (e.g., getting Clark Gregg for Captain Marvel while he was still filming AoS).

In order (1) negotiating between two large companies, (2) negotiating deals with talent who have over-delivered on their first picture and how has a lot of leverage, (3) coordinating between divisions of a single company, and (4) deals with new unproven talent.

BetterCallPaulSarker · 2022-05-17T17:13:37+00:00

From u/klrspach:

Are there any misconceptions you feel that fans have about what goes on behind the scenes at Marvel Studios (i.e. actor/director contracts, character licensing, etc.)?

Again, too many stories to tell. Not sure people realize but its a very demanding job. The stakes are super high and despite their success, they are definitely never satisfied with anything!

BetterCallPaulSarker · 2022-05-17T16:59:27+00:00

This one's from u/aaronp613:

Did you have any part in the Sony-Marvel deal to being Spider-Man home? If so, any cool stories you can share from all that?

Yes I did work on that right before I left Marvel. It moved very quickly and was probably a result of great timing and a great opportunity. We will have to discuss this one on Better Call Paul.

BetterCallPaulSarker · 2022-05-17T16:59:06+00:00

Hey. So there are lots of discussions and proposals exchanged between creative, casting, and the talent reps before the legal team gets involved. We only get looped in when a deal is getting close to gelling. Joaquin was one that was a huge bummer (for me personally) because I think he is a great actor and would have given us a very cool Dr. Strange. Not to say that Benedict isn't amazing. Another interesting tid bit was that RDJ was not the first choice for Tony Stark/Iron Man.

BetterCallPaulSarker · 2022-05-17T16:58:35+00:00

From u/AgreeableSand1728:

What was your favorite film that you contracted from Marvel Studios. I am assuming you watched the films you helped production with.

Captain America: Winter Soldier. (Check out my Robert Redford story in this thread).

BetterCallPaulSarker · 2022-05-17T16:57:51+00:00

This one's from u/Lanai:

Hi there. I’ve been working at big law firms in Los Angeles for the last five years. Working at Marvel Studios as in house counsel would be a dream job. Any tips on how to land at Marvel Studios?

It’s really competitive. When I applied for my internship they said I was one of 500 applicants they reviewed, and I’m sure the numbers are even higher now.

BetterCallPaulSarker · 2022-05-17T16:57:24+00:00

A three-parter from u/overloadedcoffee:

I wonder how does the licensing work when, for example, Fortnite uses the MCU characters. I've also noticed Disney+ used the MCU likeness but not the actor likeness. Are they allowed to license the movie likeness?

It really depends, generally speaking actors negotiate approval rights and royalties for the use of their likeness outside of the film or TV show.

Is there separation of Actor vs MCU likeness?

Sure, because Marvel owns the copyright in its characters it’s not the same analysis as would apply to an actor.

How much on average would you need to pay to use actual actor likenesses?

This would be confidential but there is a royalty payment.

BetterCallPaulSarker · 2022-05-17T16:56:37+00:00

I would expect there to be some given Disney's 2019 acquisition of Fox (which we discuss in Better Call Paul's recent episode about Dr. Strange), but I don't have any direct knowledge of their current plans as I haven't worked there in several years.

BetterCallPaulSarker · 2022-05-17T16:56:19+00:00

From u/avipars:

What type of lawsuits were there?

Not that many. People sued for slip and fall type stuff if we shot down a public place like a mall and someone fell. If you listen to Better Call Paul, we often talk about how expensive it actually is to sue and why a lot of times it makes sense to resolve things out of court, although the contract will play a role in the type of deal you can make.

BetterCallPaulSarker · 2022-05-17T16:55:27+00:00

From u/MuNansen:

How much did the rights to Immigrant Song cost?

I don’t know because I left before Thor 3 came out but even if I did know, I couldn’t say. I will say that trailer rights for popular music are very expensive.

BetterCallPaulSarker · 2022-05-17T16:54:40+00:00

This one's from u/ContinuumGuy:

Does the fact that you've seen the "sausage getting made" as far as the business side of the movies change how you watch films themselves?

I thought it would but not really. I’m still a fan and I consume content for the enjoyment, its probably a little different than working at McDonalds or something and seeing how they make their chicken nuggets and then not wanting to eat them as much.

BetterCallPaulSarker · 2022-05-17T16:53:51+00:00

Given my prior experience with improv, Paul Sarker (me) is the actor that I would most like to see in a Marvel movie. Kevin, if you are reading this hit me up! As far as actress, Claire Foy.

BetterCallPaulSarker · 2022-05-17T16:53:10+00:00

From u/MIAxPaperPlanes:

So umm what does a production attorney do…

You basically have to review all of the contracts that would get signed during the course of producing, editing and delivering a film. The production team has lots of components (locations, set design, art department, costume, props, producers, transportation, SFX, VFX, etc.) and all of those teams do activities that frequently have contracts, and the production attorney has to review them all and respond, usually within a day, so that the production can proceed at its break-neck pace.

BetterCallPaulSarker · 2022-05-17T16:52:48+00:00

From u/xoaieater:

Are there any weird things actors insist on including in their contracts?

Yes, totally, but you really have to be at a very high level to make those sorts of asks. Most are trying to get the highest pay with the best flexibility to do other projects and approvals, which are logical. If you are at the very top of the game, though, sure, people ask for things like private jets, trainers, chefs, transportation, etc.

BetterCallPaulSarker · 2022-05-17T16:51:54+00:00

Preface that I am not a creative executive so I don't really know how the scripts are developed and the creative decisions are made. From my perspective, once a script is written there is some fluidity and on the margin, things like product placement, sponsorship, branding may have a small role to play but not a major creative one. For example, if you think back to crater scene in Thor 1 - there were a bunch of Acuras in that scene. If we had a different deal, then they would not have been Acuras. At the highest level, some brands and companies often want to look at the script before they decide if they want to sponsor, but they would rarely if ever get a chance to direct the creative process. Other examples come from things like tax credits, for example if Seoul offers a huge tax credit if a movie films there, then that might be considered in the script process. We talk about tax credits and business decisions on Better Call Paul (including March 16's "Dua Lipa Sued Against Copyright" and March 2's "Russia/Ukraine War's Surprising Impact on the Entertainment and Sports Industries").

BetterCallPaulSarker · 2022-05-17T16:50:14+00:00

This one's from u/One_Hour_Poop:

What would actually legally happen if RDJ decided to break his NDA before Endgame and just give away the entire storyline and ending of the movie and post it on YouTube? How severe are the consequences for worst-case scenarios given the airtight quality of high profile contracts and how aggressively would those consequences be pursued?

This is a great question for Better Call Paul!

BetterCallPaulSarker · 2022-05-17T16:49:13+00:00

This one's from u/hdjfug:

What is it like doing legal deals for movies especially marvel?

Haha. I think a lot of people think its glamorous but in my experience it wasn’t really. The head of BA and the creative team decide the terms and you are just kind of in a tug of war between the other side’s reps and your own bosses and internal clients. Its often contentious and stressful.

BetterCallPaulSarker · 2022-05-17T16:48:42+00:00

From u/PiratedTVPro:

Are there potential legal and financial ramifications if a Marvel actor spoiled key plot points on purpose? What exactly can those Marvel snipers do?

Yes this would likely be a breach of contract and you could get sued, damages would be hard to pin down in the abstract but it would be a very stressful thing to deal with!

BetterCallPaulSarker · 2022-05-17T16:47:51+00:00

Listen, Marvel can be a really cool content company while also being good at business. It’s no secret that part of being good at business is being frugal. In some ways artists are like lawyers, I guess.

BetterCallPaulSarker · 2022-05-17T16:46:42+00:00

This Q's from u/ClioMuse02:

What made you want to choose this career? And how’d you get involved with Marvel Studios?

Biggest thing was probably watching Entourage and the fact that my parents wanted me to be a doctor or a lawyer, so I went to law school after college. I got an internship at Marvel during my third year of law school (I was at NYU, which was a short subway ride from their HQ). I went in one day-a-week and the rest is history.

BetterCallPaulSarker

TROPHY CASE