Yesterday, the 2019 Danny Boyle movie set in a world where The Beatles never existed, just played an unexpected role in a court decision that could have huge ramifications for Hollywood. Earlier this year, two Ana de Armas fans sued Universal Pictures for including the Blonde star in the Yesterday trailer, even though she did not appear in the final cut. A federal judge ruled in their favor, meaning that movie studios could be sued for false advertising if their trailers are deceitful.
Universal wanted to get the lawsuit tossed, arguing that movie trailers fall under the broad protection of the First Amendment. The studio’s lawyers even argued that trailers themselves could be considered an artistic piece of work and should be considered “non-commercial” speech, reports Variety. U.S. District Judge Stephen Wilson disagreed, ruling that a trailer is commercial speech, so it has to follow California’s laws on false advertisingย and unfair competition.
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“Universal is correct that trailers involve some creativity and editorial discretion, but this creativity does not outweigh the commercial nature of a trailer,” Wilson’s decision reads. “At its core, a trailer is an advertisement designed to sell a movie by providing consumers with a preview of the movie.”
Universal’s lawyers pointed out that trailers have included footage that did not end up in a final movie since trailers have existed. They pointed to the studio’s own iconic 1993 teaser trailer for Jurassic Park, which didn’t include a single shot of film from the final movie. Universal also argued that if the court found in the plaintiffs’ favor, Hollywood could face a mountain of lawsuits from fans who claim that a movie didn’t live up to the expectations set by a trailer.
Wilson disagreed that studios would face many lawsuits, noting that the false advertising law only applies when a “significant portion” of “reasonable consumers” could be misled. “The Court’s holding is limited to representations as to whether an actress or scene is in the movie, and nothing else,” Wilson wrote. He noted that many viewers could have expected De Armas to have a significant role in Yesterday based on the trailer.
The next step for the lawsuit is discovery and a motion for class certificationย notes Variety. The plaintiffs are Conor Wolfe of Maryland and Peter Michael Rosza of San Diego County. They are seeking at least $5 million as the representatives of movie customers.
Yesterday starred Himesh Patel as a musician who spreads the Beatles’ music in a world where the band never existed. De Armas originally played his first love interest and would have been featured in a scene where Patel performs “Something.” In 2019, writer Richard Curtis saidย including De Armas’ character would have kept Patel’s character away from his main love interest, played by Lily James. One of the deleted scenes with de Armasย is included on the Yesterday Blu-ray.ย
