They weren’t owned at the time, by Sony, but Disney may not have known that they were in the proctor buying them. The game came out in 18 but they weren’t bought till 19.
Don’t forget, activision made Spider-Man games that weren’t based on the movies. And Spider-Man is in several other games that marvel licenses out, mostly lego lol and none give credit (or mention/association) to Sony, unless it’s a version from the Spider-Man movies. Even Disneyland Spider-Man is different than the movie variant. I think there’s still issue with Spider-Man at Disney world, I think universal has those rights lol
As for the merch, I’m just going based off the Sony email leaks how they were getting a small percentage from merch
True, Sony allowed Disney to use Spider-Man in the MCU. We saw what happened to that when Sony pulled out, of the MCU. Tom Holland called up Sony to get back in it. Besides there was a huge uproar from fans when Sony pulled out cos they felt burned by how bad they did with the amazing Spider-Man and currently with morbius.
Sony and Disney made a new agreement that allows Holland's Spider-Man to appear in another standalone and one non-standalone MCU movie.
www.indiewire.com
Either way Disney came to Sony and allowed them to pick Spider-Man
Marvel gave Insomniac the option to make a game based on any character they wanted.
www.ign.com
"Connie Booth, who is a great friend, and also one of our partners at Sony, was down at Insomniac," Price said, "and she said to me, one day, 'What would you think about working on a Marvel game?'" Price said his immediate reaction was "fairly neutral" and, as the studio had built a following on the back of original properties, he "hadn't really considered working on someone else's IP."
Once he bounced the idea off the other developers, however, he received overwhelmingly positive feedback. "The response I got was eye-opening for me," Price said, "The answer was, ‘Are you crazy? Of course we’re going to work on a Marvel game!'"Marvel wasn't interested in having Insomniac work around a movie or comic tie-in either, they wanted Insomniac to create their own version of a character, and Marvel was willing to let the developer take their pick. "[Marvel said] 'Look, we've got a lot of characters. Pick a character that you guys think works for you, and then we'd love to hear your take on it.'"