All viewers believe that the trailers spoil the movies too much. But there is a reason: fear of lawsuits

The paradox of trailers: they serve to encourage the public to see upcoming releases, but more and more people decide to literally cover their eyes or start talking to their neighbor, because the feeling that the trailers reveal too much is widespread: plot twists, climatic scenes that should be a surprise. There is a more or less intuitive reason: the market is increasingly competitive and it is important to show the public what each film offers that the others do not. But there are more prosaic reasons why trailers reveal more and more about movies.

The trailer as a marketing tool.For decades, trailers were considered pieces with their own narrative: small works that condensed the spirit of a film, not mere advertisements. That premise was shaken in December 2022, when a court ruling questioned the legal limits of film marketing. The case pitted Universal Pictures against two viewers who claimed to have been misled by the ‘Yesterday’ trailer.

The ‘Yesterday’ case.Two viewers had rented the film after seeing the trailer, in which Ana de Armas appeared in an apparently relevant role; but in the film he had disappeared: his character had been completely eliminated after test screenings. The plaintiffs alleged that they would never have paid for the film if they had known that de Armas was not in it.

Universal Pictures requested the case be dismissed, arguing that the trailer conveyed the film’s theme in three minutes, but the judge rejected this line of defense. Although trailers involve creativity and editorial decisions, these elements do not nullify their fundamentally commercial nature: they must be treated as advertisements, and the sample they show of the film must correspond to the final product. The judge specified that his resolution was limited to the presence or absence of interpreters, excluding subjective assessments of tone, quality or generic expectations, but set a precedent.

It’s not the first. The friction between what the trailers promise and what the movies deliver has generated some attempted litigation. None went so far as to establish firm jurisprudence, but all illustrate a recurring tension between public expectations and studio marketing practices.

• Drive (2011).a spectator sued the distributor claiming that the trailer presented the film as an action film in the style of ‘Fast & Furious’, when in reality it was an atmospheric drama with few chases and a practically mute protagonist. The case dragged on for years without success for the plaintiff: the film did contain driving scenes, but the discrepancy lay in the tone and pacing, not in objective matters.

• Suicide Squad (2016).The trailers had highlighted Jared Leto as Joker, but his presence in the final cut turned out to be less than fifteen minutes. a scottish fan announced his intention to sue Warner Bros. for false advertising. Leto himself fueled the controversy by confirming that the deleted material It was so extensive. what would make for an independent film. The lawsuit was unsuccessful, but it highlighted the problem of trailers edited before final editing.

• Dune (2021).Zendaya featured prominently in promotional material: posters, trailers, and a press tour placed her on the same level as Timothée Chalamet. However, his screen time barely exceeded seven minutes of a total footage of 155and most of his appearances were dream sequences. There were no legal repercussions: Zendaya had previously warned that her presence was reduced and that she had only filmed for four days.

The Castaway case.Robert Zemeckis, with his usual ability to anticipate the rest of the industry, had already traveled this path years before. The trailer for ‘Castaway’ (2000) was criticized at the time because it revealed the eventual rescue of the protagonist. Zemeckis defended himself with an argument that is still valid in the industry, beyond the current legal precautions: market studies indicate that the public wants to know exactly what they are going to see before paying for a ticket.

The problem of outsourcing.Trailer production rarely falls to the films’ creative teams. Studios hire specialized agencies (Buddha Jones, Trailer Park or Mark Woolen & Associates, only in Los Angeles) that work with raw material, often months before there is a final assembly. These agencies operate fromdailieseitherrushesthe raw footage that comes directly from filming. The process of creating a trailer can take up to a year, a calendar that forces you to work without knowing the final cut. The case of ‘Yesterday’ is a direct consequence of this dynamic.

The pressure for difference.When a franchise accumulates multiple installments, marketing teams face an additional dilemma: how to convince the public that this film offers something different from the previous ones? The answer often involves revealing the differentiating element. The trailer for ‘Terminator: Genesis’ (2015) told that John Connor, traditionally the leader of the human resistance, had been turned into a machine, a twist that constituted the dramatic core of the film. Director Alan Taylor acknowledged that the decision responded to a complex calculation: how to signal to the public that this installment was not a mere repetition of the previous ones? A dilemma that promises to continue giving us headaches for a long time.

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All viewers believe that the trailers spoil the movies too much. But there is a reason: fear of lawsuits

was originally published in

Xataka

by
John Tones

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