US judge rules that fans can sue film studio for “misleading” trailer
When Danny Boyle was planning a sci-fi romantic comedy about the Beatles, he probably never expected to be involved in a lawsuit over the project. However, that’s exactly what happened when a couple of audience members decided to sue the studio for the “misleading” trailer.
Earlier this year, it was reported that two fans of Ana de Armas were suing Universal because the actor’s scene was removed from the final cut of Yesterday. According to the fans who filed the lawsuit, they would never have bought the film if they knew de Armas was not involved.
Previously, Universal’s legal team argued that a trailer should be defined as an “artistic, expressive work”, which is why it should have the protections of free speech. However, US District Judge Steven Wilson ruled that a trailer “constitutes commercial speech” and cannot fall under the First Amendment.
Wilson said: “Universal is correct that trailers involve some creativity and editorial discretion, but this creativity does not outweigh the commercial nature of a trailer. At its core, a trailer is an advertisement designed to sell a movie by providing consumers with a preview of the movie.”
The judge added: “The Court’s holding is limited to representations as to whether an actress or scene is in the movie and nothing else.” After this development, the fans can now proceed with their false marketing lawsuit against Universal.
Watch the deleted scene below.
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