I would imagine it's in Depp's contract to receive top billing regardless of playing the lead or not...it's not unprecedented:
The Firm (1993)
Gene Hackman's contract called for his name to come before the title in all promotional materials. Tom Cruise's contract called for his name, and his name only, to come before the title in all promotional materials. Hackman opted to leave his name off all promotional materials, making his presence a surprise to most audiences. In the film, Hackman's name comes after Cruise's and before the title.
The Firm (1993)
Gene Hackman's contract called for his name to come before the title in all promotional materials. Tom Cruise's contract called for his name, and his name only, to come before the title in all promotional materials. Hackman opted to leave his name off all promotional materials, making his presence a surprise to most audiences. In the film, Hackman's name comes after Cruise's and before the title.
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