Birnin Zana
Honorary Wakandan
He was the deal wasn't made yet and Black Panther was always the third party to Iron Man and Cap. Once the Sony deal was made things were shifted.
From what I remember reading, Spidey was suppose to be in it first. But when the talks with Sony stalled, that's when Black Panther came into the picture.
Then the talks with Sony started again, but Marvel decided to keep BP around while adding Spidey.
EDIT: found a link with with quotes from the scriptwriters:
Captain America: Civil War Writers Discuss Spider-Man Negotiations
During a recent interview with Creative Screenwriter Magazine, Captain America: Civil War screenwriters Stephen McFeely and Christopher Markus opened about what went into adding Spider-Man to the movie. According to McFeely, Spider-Man was “in and out all over the place” because they weren’t quite sure if they’d be able to use him. They knew that if they could use him, they wanted him to be part of the “splash panel” scene that McFeely described as such:
“From the very beginning, we knew if we called something Civil War we were going to have to pay off what we called the ‘splash panel,’ which is that seventeen-minute fight where everyone goes at it. It was incumbent upon us to try to fill that with as many heroes as we could without breaking it or forcing people in. We always had a little recruitment section where Tony would get somebody and Steve would get somebody and the rosters would fill organically.”
He went on to explain that Spider-Man was “always our first choice for that” due to Kevin Feige telling the duo that there was a chance Spider-Man could be available. Feige explained that conversations were going on with Sony, so McFeely and Markus added him in tentatively. There were times that it didn’t seem like such a sure thing, however, as McFeely explained:
“We had him in, and sometimes a month or two later Kevin would come back and say, ‘No, negotiations are not going quite as well. Don’t plan on him!’ [Laughs] I don’t know the exact date when corporate signed contracts with Sony, but it eventually led to some hard and fast choices later on.”
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