The Movie That Advertised a Woman Who Wasn’t In It
By David Mason
There is something almost perfectly cinematic about the Ana de Armas lawsuit. A woman appears in the trailer for a movie. She is beautiful, famous, and given enough screen time to suggest that she matters. Audiences see her, remember her, and perhaps decide to spend $3.99 to watch the film.
Then the movie begins.
She isn't there.
That was the strange predicament at the centre of the lawsuit brought against Universal Pictures by Conor Woulfe and Peter Rosza, two men who rented Yesterday, the 2019 romantic comedy directed by Danny Boyle and written by Richard Curtis. Both had seen Ana de Armas in the film's trailer. Both paid $3.99 to rent the movie through Amazon Prime. Neither found her in it.
The discrepancy sounds trivial until one considers what a movie trailer actually is. We tend to think of trailers as miniature works of cinema: compressed versions of a film's atmosphere, characters, jokes, mysteries, explosions, and romances. But a trailer has another function that is less romantic and more commercial. It is an advertisement. Its purpose is to persuade you to spend money on something you have not yet seen.
The Yesterday case therefore raised an unexpectedly interesting question: How much of a movie can an advertisement promise before the promise itself becomes legally meaningful?
Ana de Armas had not merely been a fleeting extra in the production. She had filmed a substantial subplot as Roxanne, a woman whom Jack Malik, the film's protagonist, encounters while his career as the world's only person who remembers the Beatles begins to take off. The sequence included Jack performing “Something” for Roxanne.
And then the material disappeared.
The decision was not, apparently, the result of some dramatic studio scandal. Test audiences reportedly disliked the effect the subplot had on the central romance between Jack and Ellie. Roxanne created another romantic possibility when the filmmakers wanted the emotional centre of the film to remain Jack and Ellie. The solution was brutally simple from an editing perspective: remove her.
The trailer, however, survived.
That created the peculiar situation in which Ana de Armas could be seen selling a movie in which she no longer appeared.
Woulfe and Rosza sued Universal in 2022, seeking at least $5 million and attempting to turn their complaint into a class action. Their argument was straightforward. They had seen an advertisement featuring de Armas, believed she was in the movie, paid $3.99 to rent the movie, and discovered that the advertised material was absent.
Universal argued that a reasonable viewer understands that trailers contain material that may ultimately be removed. A trailer is not necessarily a contractual inventory of every frame that will appear in the finished film.
At first, the court did not simply dismiss the idea.
In December 2022, Judge Stephen Wilson ruled that a movie trailer could constitute commercial speech and therefore could potentially be evaluated under false-advertising law. That was the part of the case that captured the public imagination.
But the ruling did not say that Universal had committed false advertising. Nor did it establish that every trailer must contain precisely what it shows. The decision was narrower: a trailer's status as a creative work does not automatically place it beyond the reach of advertising law.
That distinction matters.
Hollywood has always operated in the space between art and salesmanship. A trailer can be beautiful, funny, mysterious, misleading, truthful, manipulative, or all of these things at once. It can reveal the best joke in a comedy, the most spectacular explosion in an action movie, or a character who will later be removed altogether.
The Yesterday case briefly exposed that machinery.
But the plaintiffs ultimately did not win.
In August 2023, the lawsuit was dismissed. Among the problems facing the plaintiffs was the question of injury. One of the plaintiffs had subsequently rented Yesterday again, making it considerably harder to maintain the argument that the original rental had produced the kind of legally recognizable injury required for the case to continue.
The legal consequences became particularly expensive. The plaintiffs were ordered to pay Universal $126,705 in legal fees.
A lawsuit that had begun with two viewers spending $3.99 each had now produced a legal-fee dispute worth more than $126,000.
Then, in April 2024, the case finally ended in a settlement. The plaintiffs received no monetary recovery, while Universal's $126,705 fee award was ultimately waived as part of the resolution. The case was dropped entirely.
So the internet version of the story—that two men spent $3.99, sued Universal for $5 million, and a judge permanently established that movie trailers must tell the truth—is too neat.
The real story is stranger.
The plaintiffs lost. Universal did not pay them $5 million. They did not receive $126,705, or even $1. There was no judicial declaration that every trailer must contain everything it depicts. There was no new universal rule governing Hollywood marketing.
But the case did leave behind a fascinating legal proposition: a trailer can be both a piece of filmmaking and an advertisement.
And that is precisely what makes Ana de Armas's missing performance so compelling.
The footage was real. The actress was real. The character was real. The scenes were actually filmed. The audience did not imagine her.
She existed somewhere between production and release—a performance that was made, edited, advertised, deleted, and then remembered.
There is even a strange afterlife to the vanished character. The home-video editions of Yesterday contain deleted material, including the “Corden & Roxanne” sequence. There, for a few minutes, the missing movie becomes visible. You can watch the character whose presence helped sell the theatrical movie but who never appears in the theatrical movie itself.
Yet there is no officially released complete “Ana de Armas cut” of Yesterday. There is no alternate finished version in which Roxanne's entire subplot has simply been restored.
What exists instead is a kind of cinematic archaeological record: the theatrical film, the trailer, the deleted scenes, and the lawsuit.
Together they tell a story about how movies are actually made.
We often imagine a film as a fixed object. The director conceives it, the actors perform it, the cameras capture it, the editors assemble it, and eventually the audience watches it. But filmmaking is less like carving a statue than constructing a city. Streets are built and demolished. Buildings are completed and abandoned. Entire neighbourhoods can disappear before anyone moves in.
Ana de Armas's Yesterday is one of those demolished neighbourhoods.
And the trailer became its ghost.
The most enduring irony is that the lawsuit was never really about whether Ana de Armas was good enough to remain in the movie. It was about what happens when the machinery of promotion preserves an image after the creative decision behind that image has been reversed.
The filmmakers changed their minds.
The advertisement did not.
For audiences, that may be the most revealing part of the entire episode. We usually encounter a movie only after thousands of decisions have already been made: performances shortened, characters removed, endings rewritten, scenes reshot, stories rearranged. The trailer gives us a glimpse of a movie that may never actually exist.
In the case of Yesterday, that hypothetical movie briefly had Ana de Armas in it.
And for $3.99, two viewers discovered that they had bought a ticket to the other one.


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