Marvel Subpoenas Instagram to Expose ‘Captain America: Brave New World’ Leaker

Last week, new footage of Marvel's upcoming 'Captain America: Brave New World' appeared online. The film is due to be released in 2025 but the allegedly leaked material, posted in an Instagram story by a well-known 'scooper', clearly has Disney and Marvel concerned. Through a DMCA subpoena, the movie companies aim to find out who's behind the social media account.

The fourth installment of Marvel’s Captain America film series is scheduled to be released February next year.

Captain America: Brave New World is directed by Julius Onah and will star Anthony Mackie in the role of Samuel Wilson, better known to the broader public as “Captain America”.

In the lead-up to the film’s premiere, there’s been no shortage of rumors and leaks. This is a testament to Marvel’s passionate fanbase and nothing new for the movie production company and its parent Disney.

Captain America Leaks

Most of these ‘leaks’ don’t elicit a response. For example, when there were rumors that “Captain America: New World Order” would be renamed, there was no immediate reaction. This information was shared with the world by the popular scooper ‘CanWeGetSomeToast’ and turned out to be accurate, however, as evidenced by the title change a month later.

These advance notices must be frustrating for the filmmakers. While leaks are often unavoidable, it’s particularly concerning when a public social media account manages to front run official channels, especially if leaked footage is involved as well.

When ‘CanWeGetSomeToast’ posted an Instagram story with apparently leaked footage from the upcoming Captain America film, Marvel had seen enough. The ‘leak’ was discovered by a senior Disney paralegal and after internal discussions, Marvel’s intellectual property holding, MVL Film Finance, went to court in California.

Marvel vs. CanWeGetSomeToast

Through a DMCA subpoena, the movie company aims to find out who’s behind the scoop account. Specifically, Marvel wants Instagram to unmask the person or persons connected to the ‘CanWeGetSomeToast’ account.

While Instagram stories typically disappear after 24 hours, Marvel would like to know who is behind the alleged leak. According to a declaration from VP Global Security and Content Protection, Matthew Slatoff, the Captain America footage was posted without authorization.

According to a DMCA notice sent to Instagram in late April, the contested story included a “leaked, pre-release image” of the Captain America film that “has not been approved for distribution to the public”.

The film company wants Instagram to share all information that could help to identify the account holder. That includes names, physical addresses, IP addresses, telephone numbers, e-mail addresses, and payment account information.

At the time of writing, a court clerk has yet to sign off on the DMCA subpoena but that’s typically just a formality, unless Instagram decides to object.

More Marvel Leaks

‘CanWeGetSomeToast’ certainly isn’t a newcomer to the ‘leak’ scene and Marvel and Disney must have been aware of the account for a while. Why they’ve decided to take action now is unknown, but it suggests that the latest leak is particularly concerning.

This isn’t the first time Marvel has gone to court to unmask alleged leakers. The company previously targeted several Reddit moderators after a script for ‘Ant-Man and the Wasp: Quantumania’ surfaced on the site. The film company also cracked down on “Spider-Man: No Way Home” leaks in 2022.

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A copy of the declaration of Marvel’s Vice President Global Security and Content Protection, Matthew Slatoff, in support of the subpoena is available here (pdf), along with the subpoena request (pdf)

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