Today I saw odd news of a lawsuit over the movie Yesterday. The problem is that there was a trailer for the film that included a scene with Ana de Armas, but she wasn’t in the movie at all, and now a couple of viewers are suing.
First, take this with a grain of salt: although some outlets reporting it as the studio “losing” the lawsuit, what actually happened is that the studio tried to get the lawsuit dismissed on the grounds that movie trailers are themselves an art form and thus protected by freedom of speech. But the judge ruled that the trailers are just commercials, and thus subject to false-advertising laws, so the trial can begin. But that trial itself has not been decided.
This is one of those case where I don’t know who to cheer for. On the one hand, this is a classic case of America’s litigation culture. Two people rented a movie for $3.99 and are now suing for $5 million. That’s both excessive and super creepy that they think watching Ana de Armas in a supporting role is worth $5 million. But on the other hand, I am — along with many others — really sick of misleading trailers. To be fair, this wasn’t a case of a pre-planned bait-and-switch; de Armas was supposed to be in the movie, but test audiences really hated the subplot she was a part of, so the final cut axed it entirely. But the movie studios have really strained people’s trust for years, and it would be nice if something curtailed that.
It’s just unfortunate how these things so often become all-or-nothing. Yes, it would be nice if studios paid the price for false advertising, but not one studio paying the price for an incident which wasn’t the most egregious example. And it would be nice for movie watchers to get justice, but not a reward for an excessive lawsuit that looks like a disturbing celebrity fixation. The ideas would be some sort of treaty between moviegoers and studios: you start making more honest trailers, and we won’t unleash the Stan army and their lawyers on you.