Movies change. As fans who eyeball these productions like a hawk, we know that what we see early on may not be what we ultimately get on the big screen. That’s just the process, and sometimes it’s disappointing when something teased ends up not in the movie. Well, studios better take notice, because they’re not going to get away with that so easily in the future. Why? Because of two pissed-off Ana de Armas fans.
So, remember the fluffy 2019 Danny Boyle comedy Yesterday? Remember Ana de Armas in it? If you say “yes”, you’re a liar because all of her scenes were cut. However, she was glimpsed in early trailers for the Beatles-inspired film, and a couple of her angry fans who rented it sued Universal Pictures for false advertising. Sound like a frivolous lawsuit? Well, U.S. District Judge Stephen Wilson didn’t think so, and ruled in their favor that the lawsuit can move forward.
In his December 20th ruling, Wilson said “Universal is correct that trailers involve some creativity and editorial discretion, but this creativity does not outweigh the commercial nature of a trailer. At its core, a trailer is an advertisement designed to sell a movie by providing consumers with a preview of the movie.”
Wilson said that trailers are classified as “commercial speech”, making them subject to California’s “False Advertising” and “Unfair Competition” laws. Universal argued that trailers are protected speech under the First Amendment, and allowing this now could lead to more lawsuits in the future.
Plaintiffs Conor Woulfe of Maryland and Peter Michael Rosza of California sued Universal for a whopping $5M after spending $3.99 to rent Yesterday, with the impression that the Knives Out actress was in it. She had been meant to play an early love interest for star Hamish Patel, who played a man who wakes up in a world where he is the only one who remembers The Beatles. Her scenes were cut because test audiences wanted him to only have eyes for his one true love in the film, played by Lily James.
The case now heads to the discovery phase, and expect this one to be followed closely by producers and filmmakers who may have to alter their marketing strategies going forward. [Variety]
