On Tuesday, a federal judge ruled that studios can now be sued under false advertising laws if they release deceptive trailers, Diversity report. And if you think this decision comes from years of exclusive footage in the trailers of Marvel movies, think again. The lawsuit came to fruition because of two disdain Ana de Armas fans who hired Danny Boyle and Richard Curtis‘ Yesterday after seeing de Armas in the trailer — only to find out that she was cut from the final version of the film.
Those fans, each paid $3.99 to rent Yesterday via Amazon Prime Video, is seeking $5 million in damages as part of the proposed class action.
Yesterday follows a man played by Himesh Patel who somehow arrives in a world where The Beatles don’t exist. The film’s trailer features a brief shot of de Armas, who will play the love rival to Lily James’ character. But her character and backstory were cut from Yesterday because it doesn’t play well with the audience.
Lawyers for Universal Pictures, which distributed the 2019 film, argued that trailers have a long history of using footage that was not included in the theatrical release of a film. They quoted the trailer for Jurassic Park back in 1993, did not include any footage of the film as it functions as a prologue to the premise. The studio’s attorneys argued that the trailers were subject to free speech laws, while U.S. District Judge Stephen Wilson asserted that they were inherently advertising, and therefore should be subject to the same standards. . Universal’s team says this could open the door to false advertising lawsuits, but Wilson points out that those lawsuits can only hold up when a significant percentage of customers feel cheated.
The Court’s hold is limited to statements as to whether an actress or a scene is in the film, and nothing else.
That decision could affect how companies like Marvel Studios release their trailers. That studio is known for including trailers for scenes that didn’t appear in the final film, sometimes as a result of unfinished visual effects or reshoots. But some Marvel trailers – famous, Avengers: Infinity War — there are scenes that do not appear in the film at all that audiences see in theaters, which some viewers consider misleading.
Video game trailers have received similar scrutiny over the past two decades, leading to regulators such as the UK’s Advertising Standards Authority addressing complaints and taking action against them. with promotional trailers for games like There is no human sky and Aliens: Colonial Marines. Game trailers, which are scrutinized by fans for their graphic fidelity and promise of gameplay, often include a disclaimer explaining that they are made up of “engine trailers”. game”, if not gameplay footage or cinematic trailers do not represent actual gameplay.
It’s possible that movie trailers will end up with similar disclaimers, if studios fear the prospect of future lawsuits similar to this one. Yesterday‘S. But this lawsuit is about a specific movie and a specific actress. Studios can’t stop putting extra footage in trailers, but with the door open from Yesterday cases, they may be more careful about teasing guests if the court is watching.
