You must really detest trailers that mislead you. That might not be a problem anymore, then. Fans can now file lawsuits against film studios for misleading railers as a result of a recent decision by U.S. District Judge Stephen Wilson.
Everything began with a court case surrounding the 2019 film Yesterday.
When two fans rented the movie, they were disappointed to find out that the actress had been deleted from the picture despite what had been presented in the trailers. The actress, Ana de Armas (Knives Out), was supposed to play a love interest for the lead actor, Himesh Patel.
The studio, Universal Pictures, was so sued.
Using the justification that a movie trailer is a “arts expressive work” and should be regarded as “non-commercial” speech, Universal attempted to have the complaint dismissed.
The argument was rejected by Judge Wilson, who claimed that a trailer is actually commercial communication. Trailers may require some originality and editorial judgment, as Universal is true, but this innovation does not outweigh a trailer’s commercial nature, according to Wilson. A movie trailer is fundamentally an advertisement created to promote a film by giving viewers a sneak peek. The two admirers are asking for at least $5 million USD.
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“Among other deceptions, Defendant’s (Universal) widespread advertising and promotion of the movie Yesterdayrepresents to potential movie audiences that the internationally renowned actress Ana de Armas has a significant character role in the picture,” the lawsuit states in one section. However, Ana de Armas does not make any appearances in the defendant’s film Yesterday. Thus, the defendant’s false, misleading, and deceptive advertising and promotion of the film Yesterday.
This situation might establish a creative standard for the film industry. Movie trailers sometimes contain footage that does not actually appear in the finished product, but this new decision could lead to further legal disputes.
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