The article makes sound like Disney gets to decide, not Moore. But it isn't very clear.
The WSJ reported that disney gets to decide. This was set up when disney did not want to distribute the film. The Weinstein bro's then bought the film from disney, but the deal was they could only profit from the film as if Disney/Miramax had been distributing it. That limits them to 40%. So the other 60% are given away by Disney.