A contract does not need a clause in it to allow for a buy out to be an option. The problem is that Universal can ask for anything they desire in exchange for them giving up the rights to the characters. There is no expiration or renegotiations and the royalty fee is set, increasing only with inflation.
There's nothing preventing Disney from renegotiating the rights to Marvel. Disney only has to offer the right price.
1. Royalty free use of existing characters in Universal Parks only.
2. Exclusive use of existing characters in Universal Parks, east of the Mississippi. (Spiderman, Hulk, etc.)
3. Fee of $___ amount paid to Universal.
1. Disney rights to use Marvel characters not currently featured in Universal such as Avengers, Iron Man, Thor, etc.
2. Disney not allowed to use Marvel characters exclusive to Universal worldwide.
The result of this contract rewrite is Universal is assured that it can use existing Marvel characters in its parks for a long as it wants and it is assured that Disney won't use them either in its parks anywhere, which Disney can do if it wishes for Spiderman and Hulk in the west coast or worldwide.
Disney can use Avengers and other untapped Marvel characters in Florida, California, and worldwide. Of course, Disney will be competing with Universal with Marvel. Marvel against Marvel.
Universal gets paid for the priviledge and it never has to pay a licensing fee ever.
The trump card is Universal asks to use Spiderman and Hulk in the West Coast to better equalize the competition. I'm unsure Disney will agree and it might just scuttle any renegotiation.
Of course, Disney might just counter that they won't use Avengers and untapped Marvel characters in the East Coast, thus leaving Marvel in one theme park per regional location. This might just work, but I would love to see Avengers in Disney Hollywood Studios, which will probably never come to pass. Come to think of it, Disney can already do this so why bother having a renegotiation if the intent is to have Marvel in Florida.
---------- Post added 06-14-2012 at 03:17 PM ----------
Originally Posted by BC_DisneyGeek
It wouldn't shock me if they added a fifth park instead of adding much needed capacity to the existing parks (Disney Studios in particular).
Many people still think Walt Disney World's four parks means there are double the attractions that the Disneyland Resorts' two theme parks hold.
Disney should consider a major expansion to its existing parks before embarking on a fifth park. The concept of theme parks at Disney has completely missed its mark. Theme parks should be designed to keep people inside, playing all day long while eating and buying. The half day parks makes that impossible. You're spending more time park hopping than slowing down and enjoying it.
Disney has lost its way with WDW. There just isn't enough to do to justify 4 days there. Maybe that is why in recent advertisements, they have 5 night packages, which is 4 full days. This is just enough to make you feel you gotten your money's worth, but maybe you didn't so you will do a side trip to Universal's Harry Potter attraction.
Their is space along the seven seas Lagoons for additional hotels and their is space for additional theme parks as well as development for the current theme parks.
Actually some sites are unusable, they tried building a hotel on one of those sites after the Grand Floridians success and anything they put into the ground sank, so unless they want to build four hotels and end up with the strongest hotel ever built some areas are going to remain undeveloped.