Lawyer Reveals What It Takes to Appear in Both Marvel and DC Projects

Debates rage on around all corners of the fandom regarding a multitude of topics. One of the debates that will last until the end of the time is the preference fans have between Marvel and DC. The publishers have been direct competitors for decades and despite filmmakers saying the film studios associated with the brands often work with each other to an extent, fans still tend to pit one against the other.

Each of the studios is currently fleshing out its respective franchise and sometimes, the filmmakers and actors flip from one side to the other. The latest example of that is The Suicide Squad star Daniela Melchior joining the ever-growing cast of Guardians of the Galaxy Vol. 3.

So what, exactly, does it take for an actor to make the leap? Former Marvel attorney Paul Sarker tells us if a Marvel actor is hoping to get a role elsewhere, there’s a chance their contract says they must get it approved by Marvel Studios. That is, of course, if the talent and Marvel have what’s called a “first position” agreement.

“When the studio has options, they typically get to dictate,” Sarker tells ComicBook.coim. “They don’t get to dictate what the talent can do when they’re not shooting, but they do have pretty significant exclusivity. So for example, if you are going to be the lead in a Marvel franchise, you can’t really do DC or other big film work, unless you get clearance from Marvel because they want to be in what’s called first position. They have their movie and then there’s going to be a window for a sequel and then a window after that for a third, so it’s going to keep rolling.”

Should Marvel Studios exercise that contract option, the actor is then obligated to hold up their own end of the deal.

“If they elect to exercise their option, you have to be there for the date,” the lawyer ads. “So they’ll exercise the option, and then within that, there’s a certain period of time where they have to tell you what the start date is, and in that window, you can’t take other projects.”

Even if Marvel has yet to decide on a contract option, Sarker says it gets a bit complicated. At the end of the day, he says, the talent could at least try to force the studio’s hand by saying they’ll take another role if the option has yet to take effect.

“[Marvel Studios] has the ability to say no, but you could sort of expedite them,” he continues. “You could basically force their hand and say, ‘Okay, I’m going to take this unless you exercise your option and tell me I’m not going to be working,’ so it’s very complicated.”

Sarker hosts the podcast Better Call Paul, a weekly show covering the various facets of entertainment law.