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Two fans sue Universal for $5 million for cutting Ana de Armas out of ‘Yesterday’

Plaintiffs claim they rented the film because of deceptive advertising that showed scenes featuring the popular actress, who was in fact left out of the final version

Ana de Armas
Ana de Armas posing at the world premiere of 'No Time to Die' at London's Royal Albert Hall.Tristan Fewings (Getty Images for EON Productions)

There are risks to being an actor. A common one is what’s known in the industry as “winding up on the cutting room floor.” You get hired for a project, and based on the script you’ve read and the time that you spend on the set, you assume that you are one of the characters; that is, until the day the movie is released and you realize that your scenes have been cut out entirely.

In the case of the Cuban-Spanish actress Ana de Armas, who featured in the latest James Bond movie No Time to Die and is on an unstoppable path towards Hollywood stardom, it went further than that: she actually appeared in movie trailers advertising Yesterday, a 2019 film by the British director Danny Boyle in which actor Himesh Patel plays Jack Malik, a struggling singer-songwriter who wakes up after an accident into a world where nobody has heard of the Beatles or knows any of their songs, except himself.

Almost three years after Yesterday’s release, two fans of de Armas are suing Universal Pictures for cutting her scenes out of the final version, claiming the studio engaged in “false, deceptive and misleading advertising.”

Conor Woulfe, a 38-year-old resident of Maryland, and Peter Michael Rosza, 44, from California, rented Yesterday on Amazon Prime Video for $3.99 (€3,52). In their federal class action lawsuit, they claimed that they only rented it because they thought De Armas would be in the movie after watching the trailer. In the promotional material, she is depicted as Roxane, a character who becomes a love interest for Malik – that is, until the movie creators realized that this would draw attention away from the main love story between the songwriter and a character played by Lily James.

It is unclear whether the plaintiffs are as interested in De Armas as they may be in the $5 million (€4.5 million) they could take home if a court rules in their favor. The lawsuit states that the case is being brought “individually and on behalf of all others similarly situated.” It also claims that “by paying to view the falsely advertised movie,” the plaintiffs “suffered injury-in-fact and lost money.”

Regardless of the case’s chances, the story illustrates a US penchant for resolving disputes in court with astronomical figures in the balance, as a first step in the conversation.

The entertainment news website Variety, which first reported on the case, noted the resemblance with a 2011 case brought in Michigan by a movie viewer who was disappointed with Drive, by Nicolas Winding Refn, which she expected to be a “high-speed action driving film” but turned out to be a tortured drama about a solitary driver who finally finds the right girl.

Cutting actors out of final versions is nothing unusual. Terrence Malick, the director of Badlands and The Tree of Life, has a habit of hiring more stars than he will later need on the screen. Adrien Brody, for example, showed up for the premiere of the 1998 The Thin Red Line, convinced that he would be one of the main attractions – in the end, he only showed up in a few scenes. But the prize probably goes to To The Wonder, also by Malick: Rachel Weisz, Jessica Chastain, Michael Sheen, Amanda Peet, Barry Pepper and Michael Shannon all wound up on the cutting room floor.

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