Robert Downey Jr is set for another huge payday from a mega-hit Marvel movie, this time Iron Man 3. I’ve learned he’s already made $35 million from the actioner which grossed $680 million worldwide in its first 12 days. He should exceed his biggest payday to date — that $50M from The Avengers which I’ve learned was more like $70M-$80M now that the film is all in. But it’s really Avengers 2 where he’ll clean up big-time — if he wants to reprise the role. He’s hinting to some media it may be time to retire Tony Stark. And saying to other outlets that Marvel better show him more money for Avengers 2. ”I don’t know,” he said on The Daily Show. ”I had a long contract with them and now we’re gonna renegotiate.” (“You are Iron Man! You are!” cheered Jon Stewart.) I’ve learned that Marvel and therefore owner Disney are going to run into big trouble on that sequel because the upfront pay, backend compensation, break even points and box office bonuses aren’t pinned down yet for several big stars and castmates. This is major hurdle which Walt Disney Co Chaiman/CEO Bob Iger hasn’t even mentioned to Wall Street or shareholders although he’s already been hyping Avengers 2 for more than a year now.

First and foremost Marvel does not have Downey in place yet. ”They need him, and they don’t have him. He’s got a lot of leverage,” one insider tells me. Much less so Scarlett Johannsen (paid to pop up in Marvel movie after movie), Chris Evans (whom some sources say made his deal for Avengers 2 when he signed for Captain America 2), Chris Hemsworth (a much bigger star now than before and unsigned for Avengers 2), Mark Ruffalo (whose Hulk role already was cast 3 times and could be the most vulnerable), Jeremy Renner (probably grateful for more exposure), Samuel L. Jackson (Scarlett’s doppelganger) among others who were paid pittances for their first movies, not much better for the sequels, and are counting on at least $5 million upfront and better back ends for Avengers 2. That means much better than what Marvel claimed was Avengers’ break-even point: a whopping $1.1 billion in global grosses. (“If Avengers wasn’t profitable until then, why would you make it?” one rep pointedly asked Marvel top execs Kevin Feige and Louis Esposito.) In a business where studio accounting is known as fatal subtraction and even worldwide blockbusters are still supposedly in the red, Marvel and its famously frugal CEO Ike Perlmutter still give new meaning to the term stingy. I’ve learned that one reason why The Avengers was nominated for only one Oscar – Best Visual Effects – in the 85th Academy Awards contest was because Marvel refused to pay for an awards season campaign for the picture. And even when Disney offered to foot the bill, Marvel still wouldn’t budge. (Yet the Academy Of Motion Picture Arts & Sciences assembled the cast onstage to create buzz.) Here’s how one exec describes any negotiation with Marvel: “I wouldn’t say it’s brutal. It’s uncompromising, not mean or draconian. The fact is this is the reality of the world we’re living in right now.”

But The Avengers cast are ready to rumble with Marvel for the Avengers sequel slated for a May 2015 release. “Some received only $200,000 for Avengers and Downey got paid $50M. On what planet is that OK?” an insider tells me. CAA represents an overwhelming majority of the Marvel stars and is trying hard to keep the negotiations out of the public limelight and media headlines. But that may not be possible with some reps blaming the studio for ’scorched earth’ tactics past and present. ”Marvel has created so much animosity by strong-arming and bullying on sequels already. It’s counterproductive,” one source tells me. Says another, “I’m sick of Kevin Feige telling me again and again how Marvel is ‘reinventing the movie business’. It doesn’t work like this. They’re reinventing business, period.” I’ve learned Marvel already has threatened to sue or recast when contracts and/or options are challenged. That prompted a few cast members to respond, “Go ahead.” I hear Hemsworth especially wasn’t anxious to go back into that arduous diet and training regimen and subsist primarily on egg whites for Thor: Dark World which hits theaters November 8th. I also understand that Scarlett Johanssen told castmates she’s “not going to cut her quote” for Marvel’s Avengers 2. The actress as butt-kicking operative Black Widow in The Avengers and Iron Man 2 is wrapping Captain America: The Winter Soldier and has a whopping 8 options total.