Marvel Studios announced at San Diego Comic-Con 2017 that their upcoming Captain Marvel movie would introduce the villainous alien civilization known as the Skrulls to the Marvel Cinematic Universe.
The announcement was largely met with surprise and excitement by fans both online and in SDCC because, for a long time, it seemed that Marvel might not be able to use the Skrulls in the MCU. The Skrulls were introduced in the Fantastic Four comics and the screen rights to the Fantastic Four and to many of the villains and supporting characters who debuted in that series -- Galactus, Silver Surfer, Doctor Doom -- are held by 20th Century Fox, which also controls the X-Men movie rights.
So how is Marvel Studios able to use the Skrulls in Captain Marvel? The answer, as it turns out, was already provided last year by Guardians of the Galaxy director James Gunn.
As we reported back in July 2016, Gunn addressed the Skrull screen rights question in a Twitter exchange with fans. "Some specific Skrulls are at Fox. But the Skrulls as a whole are co-owned," Gunn explained.
Gunn also said at the time that the Badoon, aliens who have crossed paths with the Guardians in the comics, couldn't be used in his movies because they, unlike the Sakaarans, are owned by Fox. Gunn has also previously said on social media that the MCU can't use Kang the Conqueror or the Shi'ar Empire because those screen rights are also controlled by Fox. (The Shi'ar will make their live-action debut in next year in Fox's X-Men: Dark Phoenix.)
Marvel Studios president Kevin Feige also explained in a 2012 interview why the Skrulls weren't the alien invaders in Marvel's The Avengers: “Skrulls have a big connection to Fantastic Four. So there are some contractual limitations about who can do what when it comes to Skrulls. Though that is not why we didn’t do Skrulls. There is already enough going on in this movie.”
Fox and Marvel do share the rights to certain characters, hence the reason why both the current X-Men movies and Avengers: Age of Ultron were able to use their own respective iteration of Quicksilver (although only Fox could refer to him as a mutant). Fox and Marvel also made a deal to swap the characters of Deadpool's Negasonic Teenage Warhead and Guardians of the Galaxy Vol. 2's Ego the Living Planet. In a 2016 interview, Deadpool co-screenwriter Paul Wernick revealed, "Kurt Russell [‘s Ego the Living Planet] in the new Guardians movie was the character that Fox swapped with Marvel to [change] Negasonic Teenage Warhead powers."
For now, it's unclear which specific Skrulls can be used by Marvel Studios and which can be used by 20th Century Fox, but we will certainly look forward to inevitably finding that out in the lead-up to 2019's Captain Marvel movie.
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