Universal Studios is currently embroiled in a $5 million lawsuit filed by two Ana De Armas fans, Conor Woulfe and Peter Michael Rosza. The fans accuse the studio of false representation, alleging that the star's role was removed from the 2019 film "Yesterday," while footage of her continued to be featured in the movie's trailer.
In a recent ruling, US federal judge Stephen Wilson stated that movie studios can be held liable for false advertising if their trailers are found to be deceptive. Woulfe and Rosza claim fraud against Universal Studios, contending that they paid $3.99 to rent "Yesterday" on Amazon Prime in January, expecting to see the James Bond star based on her appearance in the film's trailer.
Universal Studios argued that trailers are protected by "free speech" under the First Amendment of the US Constitution and should be considered non-commercial. However, Judge Wilson disagreed, asserting that trailers are subject to commercial speech regulations, including California's False Advertising Law and Unfair Competition Law.
Judge Wilson emphasized that while trailers involve creativity and editorial discretion, their commercial nature as advertisements designed to sell a movie prevails. The ruling is specifically limited to determining whether an actor or scene would be included in the final cut of the movie.
The film, starring Himesh Patel as musician Jack Malik, revolves around the discovery that The Beatles have been forgotten by the world after a mysterious blackout. Ana De Armas was initially cast as Malik's love interest Roxane but was cut from the final film, a decision attributed to writer Richard Curtis who felt her character would overshadow the primary love interest, Ellie, played by Lily James.
Woulfe and Rosza's $5 million lawsuit is based on the alleged disappointment of fans who expected to see Ana De Armas in the final edit. Universal Studios expressed concerns that the ruling could lead to similar lawsuits from disappointed fans, citing other films like "Jurassic Park" that also feature footage not included in the final cut.
Richard Curtis acknowledged the difficulty of cutting De Armas' role, stating it was a "traumatic cut" as she delivered brilliant performances. However, he emphasized that the decision was made for the overall cohesion of the film.
