You see, it was leaked that discussions were taking place between representatives of Sony and Marvel to evaluate the possibility of them collaborating on future Spider-Man-related film endeavors. Since then, fans have been waiting with bated breath to see whether this could mean an appearance by Spider-Man in future Avengers films, or at least Marvel taking a larger creative role in future Spider-Man films.
While we still don't know if either of those will be the case, some (legally-obtained) evidence of a change in terms between Sony Pictures and the Walt Disney Company can be found in this year's latest annual financial report.
The language, which appears in the section describing the company's Studio Entertainment segment, reads as follows:
Prior to the Company’s acquisition of Marvel, Marvel had licensed the rights to third-party studios to produce and distribute feature films based on certain Marvel properties including Spider-Man, The Fantastic Four and X-Men. Under the licensing arrangements, the third-party studios incur the costs to produce and distribute the films and the Company retains the merchandise licensing rights. Under the licensing arrangement for Spider-Man, the Company pays the third-party studio a licensing fee based on each film’s box office receipts, subject to specified limits. Under the licensing arrangements for The Fantastic Four and X-Men, the third-party studio pays the Company a licensing fee, and the third-party studio receives a share of the Company’s merchandise revenue on these properties. The Company distributes all Marvel-produced films with the exception of The Incredible Hulk, which is distributed by a third-party studio.
Compare this to the language used in the 2013 annual report:
Also prior to the Company’s acquisition of Marvel, Marvel had licensed the rights to third-party studios to produce and distribute feature films based on certain Marvel properties including Spider-Man, The Fantastic Four and X-Men. Under these licensing arrangements, the third-party studio incurs the cost to produce and distribute the films and pays the Company a licensing fee. Generally under these arrangements, Marvel retains the merchandise licensing rights and pays the third-party studio a royalty. During fiscal 2011, the Company purchased Sony Pictures’ participation in Spider-Man merchandising, while at the same time, Sony Pictures purchased the Company's participation in Spider-Man films. This transaction will allow the Company to control and fully benefit from all Spider-Man merchandising activity, while Sony Pictures will continue to produce and distribute Spider-Man films.
Notice the key difference? Where Sony had originally been described as paying Disney/Marvel a licensing fee for the use Spider-Man property, they now RECEIVE a licensing fee from Disney. So while Sony still appears to have the film rights to the character, a major shift has happened in the business relationship between companies that may be a sign of changes on the creative side as well.
What kind of deal has brought forth such a change? What does it mean for the future of the film franchise? I guess we'll just have to wait and see...
