American justice has just given reason to two fans of Ana de Armas who had sued Universal because of a false trailer. Back to the facts.
A recent court decision – implicating Ana de Armas in spite of herself – could shake up the American film marketing industry.
It all started when two fans of the actress filed a lawsuit against Universal Studios last January. The duo then complained about renting Danny Boyle’s film Yesterday (2019) – about a struggling musician who realizes he’s the only person on Earth who remembers The Beatles – after to have seen Ana de Armas in the trailer but the problem is that all her scenes were cut from the final film.
As Variety and Dark Horizons report, Federal Judge Stephen Wilson delivered a verdict in the case on Tuesday, and it looks like movie studios can now be prosecuted under false advertising laws for releasing tapes. movie ads deemed “misleading”.
During the lawsuit, Universal, meanwhile, sought to dismiss the case, arguing that the trailers are entitled to First Amendment protection as an “artistic and expressive work” and should therefore be considered speech. “non-commercial”. But the judge rejected that argument, saying a trailer is “commercial speech” and therefore subject to California’s misleading advertising and unfair competition laws.
Universal is right that trailers involve some creativity and editorial discretion, but that creativity doesn’t outweigh the commercial nature of a trailer. At its most basic, a trailer is an advertisement designed to sell a movie by giving consumers a preview of the movie.
A NEW LAW HOWEVER LIMITED
Universal’s attorneys, however, argue that the trailers have always included clips that don’t appear in the finished films. Additionally, viewing trailers as “commercial speech” opens the door to potential lawsuits from anyone claiming that a movie fails to live up to the expectations created by said trailer.
Wilson addressed that concern, saying the law only applies where a “significant portion” of “reasonable consumers” could be misled and says the ruling here is “limited to representations as to whether an actress or scene is in the movie and nothing else.”
Judge insisted that, based on the trailer, it was only fitting that viewers could expect Ana de Armas to play an important role in the film, which ultimately was not the case. The ruling now allows the case to move to the next stage, with the plaintiffs apparently seeking at least $5 million in damages.
The impact of this decision on cinematic marketing and trailers, not only for films, but also for series and beyond, could thus be great and concern is already spreading in Hollywood.
Indeed, by their nature, many trailers could be considered “misleading” with their plans edited to avoid spoilers, their unfinished special effects, or their trailers sporting a different tone from the finished product.
Several solutions are within reach of the studios, however: cut a trailer only when the film is finished or add a disclaimer “not the final version” as various video game trailers currently do. To be continued.
Here is the trailer (in VO) of Yesterday, in which Ana de Armas appears: