A Legal Loophole Could Bring ‘The New Mutants’ to Disney+ According to an MCU Insider

While the Fox/Disney merger has created a way for several mutants — the X-Men and Brotherhood alike — to join the Marvel Cinematic Universe (MCU), the Coronavirus (COVID-19) pandemic has led to multiple film and TV delays. And though The New Mutants may technically be one of the last mutant installments produced under Fox, a legal loophole may lead to the movie premiering on Disney+. 

Fans will have to wait to see Black Widow in theaters, as The Hollywood Reporter recently squelched multiple theories positing that the movie would take to the streaming platform. However, fans may still receive some highly-anticipated new Marvel content soon enough. 

Disney+ The New Mutants
A Disney+ streaming service sign | ROBYN BECK/AFP via Getty Images

Marvel and DC insider Mikey Sutton recently announced — to Geekosity: All Things Pop Culture — that the sci-fi horror thriller, The New Mutants, could be gracing fans’ small screens in the near future. 

Inside ‘The New Mutants’ Disney+ leak 

According to Mikey Sutton’s insider intel, The New Mutants will not receive a theatrical release amid the coronavirus pandemic; the movie will instead premiere on Disney+. Sutton stated:

…Disney is seriously considering dropping The New Mutants on Disney+, possibly by this summer. Please note that, as of this reporting, no final decision has been made yet. Obviously, the situation with the global pandemic has made it difficult to nail down any theatrical release plans or alternatives. But Disney has weighed their options regarding The New Mutants and they seem to be in agreement this is the best path for that particular movie going forward. It has a modest budget that so they won’t actually being leaving money on the table, and its presence on Disney+ could give the channel a much-needed jolt.

Mikey Sutton 

Though all seemed logical, questions on legal issues surrounding Fox and HBO quickly surfaced, leading Mikey Sutton to explain the loophole at Disney’s disposal, that will allow Disney to place the content on its streaming platform. 

How can ‘The New Mutants’ premiere on Disney+ if Fox has a preexisting deal with HBO?

Fox has a deal with HBO — one preexisting the merger with Disney — that grants the network access to Fox movies, including the ‘X-Men.’ And, since HBO’s streaming network is soon to be released, many presumed that Fox’s The New Mutants should belong to HBO.  

Sutton explained that the deal only impacts theatrically released movies, and The New Mutants has not come out in theaters; thus, Disney has a loophole that it could easily exploit now that it owns the rights to Fox properties. Sutton explained:

…A number of people have been asking me about the existing deal Fox had with HBO prior to Disney. I did ask this but forgot to mention it in my New Mutants scoop as I was balancing another scoop simultaneously. I was told that the deal only affected theatrically released Fox movies. The New Mutants didn’t come out in theaters; hence, a loophole that will allow its inclusion on Disney+.

Mikey Sutton 

So, if you are waiting to see The New Mutants, you may not have to wait much longer if you subscribe to Disney+; If you don’t have a subscription, you may wish to consider getting one.