Studios ‘can be sued over misleading movie trailers’

LOS ANGELES

A lawsuit filed by a pair of disgruntled Ana de Armas fans over the 2019 romantic comedy “Yesterday” could have far-reaching ramifications for movie studios.

A judge in California has allowed parts of a lawsuit accusing Universal of false advertising to proceed, ruling that a movie trailer “constitutes commercial speech” and is not entitled to broad protection under the First Amendment.

The case began in January, when Paul Michael Rosza and Conor Woulfe sued Universal claiming that they rented “Yesterday” with the expectation that de Armas would be in it because she appeared in a trailer, leading to their dismay upon realizing she had been cut from the film.

Lawyers for Universal tried to get the case tossed, arguing that a trailer is an “artistic, expressive work” and therefore eligible for First Amendment protections.

But according to a ruling from U.S. District Judge Steven Wilson, “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.”

Wilson did stipulate that “the Court’s holding is limited to representations as to whether an actress or scene is in the movie, and nothing else.”

The case will now move to discovery and potential class certification.

“Yesterday,” directed by Danny Boyle and written by Richard Curtis, stars Himesh Patel as struggling musician Jack Malik, who wakes up one day after an accident in a world that has mysteriously never heard of the Beatles. He receives worldwide recognition after introducing the band’s music and passing it off as his own.