On Tuesday, a federal judge ruled that film studios can now be sued for improper advertising laws if they release misleading trailers. diversity reported. And if you thought the decision was down to years of trailer-exclusive footage in Marvel movies, think again. The lawsuit came about over two offended Ana de Armas fans, Danny Boyle and Richard Curtis’ Yesterday after seeing de Armas in the trailer – only to find that she was cut from the final version of the film.
These fans who paid $3.99 each for the rental Yesterday via Amazon Prime Video, are seeking $5 million in damages as part of a proposed class action lawsuit.
Yesterday follows a man, played by Himesh Patel, who somehow ends up in a world where The Beatles don’t exist. The film’s trailer contained a brief shot of de Armas, who would have played a rival love interest in Lily James’ character. But her character and storyline were reportedly cut Yesterday because it didn’t go down well with the audience.
Lawyers for Universal Pictures, which distributed the film in 2019, argued that trailers have a long history of using footage that doesn’t make it into a film’s theatrical release. They cited the trailer for Jurassic Park back in 1993, which didn’t include any footage of the film as it acted as a prologue to the premise. The studio’s attorneys argued that trailers fall under free speech laws, while US District Judge Stephen Wilson maintained that they are inherently advertising and therefore must conform to the same standards. Universal’s team said this could open the floodgates to lawsuits alleging false advertising, but Wilson pointed out that these lawsuits only stand if a significant percentage of customers feel misled.
“The court’s decision is limited to representations as to whether an actress or scene appears in the film and nothing else,” the judge wrote.
This decision could affect how companies like Marvel Studios release their trailers. This studio is known for including scenes in its trailers that don’t appear in the final film, sometimes as a result of unfinished visual effects or re-shot sequences. But some Marvel trailers – famous, Avengers: Infinity War – Have footage that does not appear in the film that moviegoers see in theaters in the first place, which some viewers have found misleading.
Video game trailers have come under similar scrutiny over the past two decades, leading to regulators like the UK’s Advertising Standards Authority filing complaints and taking action against advertising trailers for games like Nobody’s heaven and Aliens: Colonial Marines. Game trailers, which are highly scrutinized by fans for their graphical fidelity and gameplay promises, often include disclaimers stating that they consist of “game engine footage” when not gameplay footage, or that cinematic trailers are not are representative of actual gameplay.
Movie trailers may contain similar disclaimers if movie studios are frightened by the prospect of similar lawsuits in the future Yesterday‘s. But this lawsuit is about a specific movie and a specific actress. Studios can’t stop including superfluous footage in trailers, but rather with an open door Yesterday In that case, they might be more cautious about teasing cameos when the courts are watching.
