Two of Ana de Armas’ fans are feeling cheated after spotting the actress in a trailer, but after watching the entire movie, there wasn’t even a tiny glimpse of the actress. What happened?
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The actress’ scenes sadly didn’t make the final cut in the movie “Yesterday”.
However, it wasn’t apparent at first whether these fans would be allowed to bring their case into the court, but a new ruling means that they’ll surely have their day in court.
Ana de Armas – Fans To Stand In Court Against Universal Studios
Two Ana de Armas fans will be allowed to stand in court in the coming months after a judge ruled that movie studios can be sued for deceptive movie trailers under false advertising laws.
This is a new win for movie fans who feel deceived by a movie’s trailer having cuts and scenes that don’t make it into the final movie.
On 20 December, US District Judge Stephen Wilson issued a ruling on the fan’s January lawsuit brought against Universal Pictures.
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In the filings, Conour Wolfe and Peter Michael Rosza claim that the only reason they rented the studio’s 2019 “Yesterday” for $3.99 on Amazon Prime was to see the Cuban-Spanish actress from the trailer. The movie “Yesterday” is a musical that’s heavily focused on a world without the Beatles.
Universal Studios tried to throw away the case by arguing that trailers are actually protected under the First Amendment, which entitles them to freedom of speech and expression. The studio’s lawyers argued that a trailer is a three-minute “artistic, expressive work” that is simply used to convey the movie’s themes. Therefore, it should be considered “non-commercial” speech.
However, the claim was not enough to sway the judge to dismiss the case. The judge allowed the case to stand by ruling that a trailer is actually commercial speech, which makes it subject to California’s False Advertising Law and Unfair Competition Law.
“Universal is correct that trailers involve some creativity and editorial discretion, but this creativity does not outweigh the commercial nature of a trailer,” Wilson wrote (via Variety). “At its core, a trailer is an advertisement designed to sell a movie by providing consumers with a preview of the movie.”
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Universal’s case rested on the fact that trailers have been including footage that don’t make it into the movie for many years. They also cited their earlier trailer for “Jurassic Park”, which was entirely made up of clips that weren’t in the movie.
The studio also pointed out the riskiness of having this lawsuit to stand, especially since it could lead the way to “burdensome litigation” everytime a viewer felt they weren’t satisfied with a movie.
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