This case is called a “class action,” which means the case is brought on behalf of a large group of people. Universal Films asked the court to declare the complaint baseless, but has now decided that the lawsuit can continue, the BBC wrote.
“Otherwise it won't be rented.”
The case was initially brought by two film fans, Connor Wolfe and Peter Michael Rosa. They rented the film yesterday via the streaming service Amazon Prime for $3.99 because they expected to see De Armas in it. The actress, known for the James Bond films No Time To Die and Blonde, in which she plays Marilyn Monroe, was in the trailer, but was not visible in the film itself.
This disappointed the complainants. They stated that they would not have rented the film if they had known that de Armas was missing. They are now demanding “at least five million dollars.” They must share any compensation with all claimants. It is not yet known how many there are. Here you can see the Violation trailer (De Armas can be seen from minute 1:48):
The studio believes the complaint has no legal basis, because the trailer should be protected as an “artistic product” under freedom of expression. But the judge ruled it was a “commercial product.” Therefore, it must comply with other laws that protect consumers from misleading advertising. Now the judge must hear the case.
“Essentially, a trailer is an advertisement intended to sell a film to consumers,” the ruling said.
the Beatles
According to the studio's lawyers, the ruling sets a dangerous precedent. Many movie trailers contain scenes that do not end in the movie. This would allow anyone to complain afterwards that the film did not live up to expectations. Entertainment website Variety describes this as a real danger to movie studios in an article.
But according to the judge, this only applies when a “large number of reasonable people” have reason to feel misled. In the case of Hollywood star De Armas, movie fans should have expected her to have a major role in the film.
The events of the movie “Yesterday” revolve around a failed musician who discovers that he is the only one in the world who knows the works of the Beatles. He subsequently had great success with the music of the band from Liverpool.
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