Why For aren’t the Marvel characters appearing in any of the Disney theme parks yet?

Jim Hill

12 years ago

Earlier this week (Monday, to be exact), Bond from Upstate
dropped a line to ask:

Hi Jim,

Long time fan… just wondering with "The
Avengers" making a kajillion dollars and receiving near universal love, is
Disney ready to go all in with a high profile Marvel area? With Universal Hollywood getting Potter in
2016 and Shanghai opening in 2015, it seems like the window is getting tight to
get full leverage. Any word from your
inside sources?

Thanks,

Bond in Upstate

Dear Bond in Upstate,

To be blunt, at least as far as the stateside situation is
concerned, the news is mixed. There is supposedly something Marvel-related in
the works for Disney's California parks in the works could debut later this
year (More on that further on down in today's article). Likewise there are
definitely Marvel-themed shows and attractions in the works when it comes to
the Shanghai Disneyland project.

But when it comes to the Florida properties, that window
remains firmly shut / locked up tight. Thanks — in large part — to those
master licensing agreements which Universal signed with Marvel back in the late
1990s, which then allowed the theme park arm of that company to build Marvel Super Hero Island area at
Universal's Islands of Adventure.

And Universal's attorneys take those contracts very, very
seriously. Which is why — when it was revealed back in late March that a
"Marvel's The Avengers" -themed monorail would soon begin rolling
around the Walt Disney World Resort — lawyers for NBC Universal reportedly
reached out and reminded Disney about the terms of their still-in-force master
licensing agreements with Marvel Entertainment. Which stated that Universal had
previously locked up the Theme Park use rights to Captain America, The Hulk, Iron
Man and Thor.

And given that this master licensing agreement clearly
stated that only Universal had the rights to use these four Marvel characters
in a theme park setting within a 250 mile radius of Universal's Islands of
Adventure, should that "Marvel's The Avengers" -themed monorail
actually pass through any Disney theme parks … Well, that would then mean
that the Mouse was violating some of Marvel's
master licensing agreements with Universal Studios. Which meant that Universal
would then — in lawyer speak — have the right to " … take appropriate
action" (i.e. sue Mickey's little red pants off).

Given all of the money that the Mouse had spent on having
that 200 foot-long "Marvel's The
Avengers" -themed "skin" created for Monorail Red … Well,
Disney didn't want to waste that dough. More to the point, the Studio didn't
want to lose that huge cross promotional opportunity which came with having
this massive moving billboard repeatedly roll past the tens of thousands of would-be
moviegoers who visit the Magic Kingdom and Epcot only a daily basis.

So a series of (the way I heard it, anyway) fairly tense phone
calls and e-mails were exchanged between Disney and Universal's lawyers. And
eventually a compromise of sorts was worked out.

To explain: Because Walt Disney World's original monorail
loop (i.e. the one that transports Guests to the Magic Kingdom as well as servicing
Disney's Contemporary Resort, Disney's Polynesian Resort, Disney's Grand
Floridian Resort & Spa as well as the Ticket & Transportation Center) never
actually enters the Magic Kingdom but merely passes closely by the entrance of
that theme park … It would be okay (from a legal point of view) if Monorail
Red with its "Marvel's The Avengers" skin serviced that loop,
endlessly circling Seven Seas Lagoon.

On the other hand, any monorail which services the Epcot route
would have to roll through Future World, passing by Spaceship Earth and then
circling Innoventions East & West before it then entered the station and
allowed its passengers to disembark. So should the "Marvel's The
Avengers" -skinned Monorail Red
ever travel that route and actually enter a Disney theme park … Well, The
Walt Disney Company would then clearly be in violation of Marvel's master
licensing agreements with Universal in regards to their exclusive theme park
rights for the use of characters Captain America, The Hulk, Iron Man and Thor.

So to avoid that from ever happening, Monorail Red (as least
until its "Marvel's The Avengers" skin is removed) is absolutely
forbidden to service the Epcot monorail route, sticking exclusively to the
Magic Kingdom loop for the foreseeable future.

So — as you can see, Bond in Upstate — at least when it
comes to its Central Florida resort, Disney is basically handcuffed by all
those master licensing agreements that Universal has with Marvel Entertainment
in regards to the theme park use of specific characters. Mind you, California
is a somewhat different situation. In that — just six months prior to Disney's
August 2009 decision to acquire Marvel Entertainment for a cash / stock swap
worth $4 billion — Universal Studios Hollywood opted not to renew its contract
with Marvel for use of Spider-Man et al as walk-around characters at that theme
park. So Disney — if it chose to — could be using the Marvel characters in
rides, shows and attractions at Disneyland Park and Disney California Adventure
right now.

Universal Studios Hollywood used to have a pretty sizable Marvel presence. Does anyone
else out there remember the late-and-not-so-great Marvel Mania restaurant at that theme
park?

The only problem is that — at least as far as The Walt
Disney Company's two California theme parks are currently configured — there's
just no "land" that the Marvel characters would logically be dropped
into.

"And why is that?," you ask. Well, you have to
remember that the Disney theme parks (at least as the Imagineers see them) are
story driven. Which means that characters are specifically slotted for the particular
"land" where Guests would most logically expect to see them (EX: The
"Toy Story" franchise is split right down the middle, with Woody,
Jessie and Bullseye doing their meet-and-greets in Frontierland while Buzz
Lightyear & Zurg pose for pictures and sign autographs in Tomorrowland).

And given that neither of Disney's California theme parks
have a New York City-like / urban themed "land" where the Marvel
characters would be a good, logical, story-driven fit … Their Disneyland
Resort debut is currently on hold.

Or — rather — it was. But what with the (as you put it,
Bond from Upstate) kajillion dollars that "Marvel's The Avengers" has
made so far from both its domestic & international release to theaters, I'm
told that the Imagineers and Disneyland Entertainment are now attempting to
fast-track some sort of Marvel-themed show / character meet-n-greet for their
California properties. Which would likely go live just as the Blu-ray & DVD
version of "Marvel's The Avengers" hits store shelves later this
Summer / early this Fall.

Photo by Jim Hill

So if you've ever dreamed of picking up a shield and/or
screwing on a breastplate to play Captain America or Thor respectively, my
advice to you is to keep a very close watch on the Disney Auditions webpage.
Where — tomorrow, for example — Disneyland Park is looking to cast several brave souls to play Mountain
Climbers on the newly furbished Matterhorn.

But as for Disney's Central Florida theme parks, Bond from
Upstate … Unless Disney's attorneys can hash out some sort of deal with
Universal's lawyers (which could happen. Remember, Disney got the rights to
Oswald the Lucky Rabbit back from Universal in February of 2006 as part of a talent
trade with MCA Universal. Which then allowed sportcaster Al Michaels to leave
ABC and ESPN and go to work NBC Sports. So anything's possible), that
"Marvel's The Avengers" -themed monorail is the closest thing that
WDW's theme park will have to a Marvel-themed ride, show or attraction at least
for the foreseeable future.

Your thoughts?