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Have you ever seen the movie? Yesterday (photo above)? According to a plaintiff who is suing universalthe tow for that film it featured actress Ana de Armas, but she never appears in the final film. So I’m taking her to court.

Conformable Entertainment Weeklyon Tuesday, a California judge allowed parts of the case to proceed because a trailer “constitutes commercial speech” and is therefore not protected by The First Amendment. Basically, false advertising.

It all started in January When Paul Michael Rosza and Conor Woulfe started suit against Universal, claiming they rented the film Yesterday based on the assumption that de Armas would be in it, but unknowingly, the actress’ scenes were cut even though she is in the trailer.

Ana de Armas

Universal’s lawyers argued that a movie trailer is covered by The First Amendment because they are an “artistic, expressive work”.

U.S. District Judge Steven Wilson disagreed, and appropriately so Deadline, practically compared to a bait and switch. ā€œUniversal is right that trailers involve some creativity and editorial discretion, but that creativity does not override the commercial nature of a trailer. Essentially, a trailer is an advertisement designed to sell a film by giving consumers a preview of the film,ā€ Judge Wilson said.

He added: “The decision of the Court is limited to representations as to whether an actress or a scene is in the film and nothing else.”

The case will now move to discovery in which both parties will exchange information and who and what they will present at trial. this could lead to a collective process.

Although not as blatant as Yesterday scenario, some fans of the newer ones Halloween (also the Universal franchise) were a little upset that the movie’s iconic monster Michael Myers has less screen time in the final film Halloween is over than the trailer or poster suggests.

Conformable Digital trends, Michael is on screen for 10 minutes and 55 seconds of the film’s 111-minute running time. The rest is dedicated to a character barely present in the trailers. To be fair, in the original 1978 film, Myers only appears for 9 minutes and 37 seconds.

This scenario probably doesn’t fall under the same false advertising charges of Yesterday process, but it leaves moviegoers wondering whether or not a trailer is an adequate representation of what intrigues them to buy a ticket.

In the age of the spoiler, studios are more cautious about revealing too much in a trailer so as not to give viewers enough to connect the dots, especially if there’s a twist or major reveal.

Over the years, trailers have often included scenes not in the theatrical portion of the film. But so far, no one has ever been litigated about it. This case could have widespread effects in the film industry, depending on how it is resolved.

What do you think? Should the trailer contain everything that is in the movie?

* Header Image Credit: Universal/Jonathan Prime

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