Movie studios could be liable for releasing misleading trailers

Two Ana de Armas fans successfully sued Universal for not featuring the actress in the movie Yesterday despite being part of the trailers, after they rented the movie to watch at home.

This is dangerous territory. Trailers come out months before the final cut of the movie gets approved and often there are rewrites and reshoots.

The judge said the ruling is limited to whether an actor or actress and scenes are in the movie. Teasers and trailers are made and released based on what’s available to the trailer editors at the time which does not include decisions to alter the movie down the line.

One of the most obvious examples is Rogue One which had an extensive third act rewrite and therefore reshoots after several trailers were released. Tony Gilroy, who took over from Gareth Edwards, made substantial changes to the movie that several footage from the trailers didn’t make it to the movie. Promoted scenes were dropped. 

The American legal scene is crazy enough that based on this ruling someone can sue Disney for not including the train station scene from the trailer in the movie.

If a trailer is actually deceptively released, with a “malicious” intent of lying to the audience about aspects of the movie, sure, you can claim false advertising but you have to prove intent. 

I feel like we’re going to hear much more about this sooner than later. Like how Universal’s undoubtedly expensive lawyers failed to make convincing arguments. 

If you’re going to watch a movie at home, especially one that supposedly features your favorite actress, I feel like you should have the time to at least look it up on IMDb or read reviews. The movie had been out for months, reviews had been published, and her being dropped from the movie was widely known by the time it made the home release. Ignorance shouldn’t be a reason for winning lawsuits.

Unless this ruling gets thrown out on appeal, it could change how studios promote movies. Trailers would have to be crafted around potential lawsuits from late changes to the movie. 

Ana de Armas Fans’ Lawsuit Puts Studios at Risk Over Deceptive Trailers