Ana de Armas fans file lawsuit over deceptive trailers
In January, two fans of Ana de Armas filed a lawsuit, claiming that after seeing de Armas in trailers, they rented a movie only to discover later on that the Spanish actress was cut out of the final film.
Next time a movie studio makes any false advertisement or releases deceptive movie trailers that discredit an artist, they will have to face legal action.
Movie trailers are entitled to extensive First Amendment protection, according to Universal, who said in its attempt to have the lawsuit dismissed. The movie trailer should be regarded as 'non-commercial' speech, according to the studio's attorneys, who said that it is an "artistic, expressive work" that tells a three-minute story communicating the movie's message.
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Wilson, however, dismissed that claim, concluding that a trailer constitutes commercial communication and is therefore covered by the state's unfair competition and false advertising laws.
"Universal is correct that trailers involve some creativity and editorial discretion, but this creativity does not outweigh the commercial nature of a trailer," Wilson wrote. "At its core, a trailer is an advertisement designed to sell a movie by providing consumers with a preview of the movie."
