Maverick victory: Court ejects Top Gun sequel infringement claims
California court decides blockbuster film Top Gun: Maverick did not violate the copyright of an article that inspired the original movie | Ruling ends dispute between Paramount Pictures and heirs of the article's author.
A California federal court has ruled in favour of Paramount Pictures, deciding that the Hollywood blockbuster film Top Gun: Maverick did not infringe the copyright of the article that inspired the original Top Gun movie.
The US District Court for the Central District of California delivered its decision confirming Shosh Yonay, widow of the late Ehud Yonay, alongside their son Yuval Yonay, failed to establish similarities beyond unprotectable facts, general ideas, and stock scenes between the 1983 magazine article and the 2022 film.
Both parties sought a summary judgment on the claims of copyright infringement, declaratory relief, and breach of contract.
The decision, delivered April 5, 2024, granted Paramount’s motion for summary judgment and denied the plaintiffs’ motion.
The plots, sequences of events, and pacing of the works are “largely dissimilar” and any similarities are based on “unprotected elements”, such as general plot ideas, facts, or scènes à faire, said the court.
Top Gun: Maverick, which was released in May 2022, became one of the highest grossing movies that year and its cumulative take will make it one of the highest grossing movies of all time.
The sequel, set three decades after the original film, continued the saga of Maverick, portrayed by Tom Cruise, as he returns to train a new generation of fighter pilots, including the son of his late friend Goose.
Heirs of Ehud Yonay take Paramount Pictures to court
The heirs of Ehud Yonay took legal action against Paramount Pictures over alleged breaches related to the Top Gun movie.
The dispute revolved around the release of the sequel and the rights to its predecessor, raising questions of copyright infringement and contractual obligations.
The complaints centred on the assignment of rights executed between Yonay and Paramount following the publication of an article titled Top Guns in California Magazine in 1983.
The article served as the inspiration for the original 1986 Top Gun film in which Yonay received a "suggested by" credit.
However, the dispute escalated when Paramount released the sequel in May 2022, without crediting Yonay.
Expert witnesses impact decision
The plaintiffs began legal proceedings in June 2022, alleging breach of contract, copyright infringement, and seeking declaratory relief.
Both parties presented expert witnesses, with Yonay relying on testimony from Henry Bean, a writer and former adjunct professor, who argued for substantial similarities between the article and the sequel.
However, the court deemed Bean's testimony unhelpful and inadmissible, citing failures to filter out unprotected elements and provide an objective comparison.
Paramount's expert witness, Andrew Craig, a former Top Gun instructor and Navy Reserve officer, provided opinions on the factual accuracy of the original article, rather than literary similarities between the works.
Craig's expertise was considered relevant by the court, and his testimony remained admissible.
The plaintiffs alleged breach of contract for failure to credit Yonay in the sequel. However, the court ruled in favour of the defendant, deciding that the sequel was not produced under the assignment of rights and does not warrant crediting Yonay.
‘Wolfman’ lawsuit
Yonay’s suit is not the only legal action the Top Gun: Maverick film has faced.
An actor from the original Top Gun film sued Paramount in February 2024, calling the production company an “unapologetic, chronic, and habitual infringer”.
Actor Barry Tubb, known for his role as lieutenant junior grade Henry "Wolfman" Ruth in the original movie, claimed the studio used his image without permission and compensation in the remake Top Gun: Maverick.
Tubb alleged in the suit his image was depicted in a fictional photo of the Top Gun class of 1986, featuring Val Kilmer (Iceman), Anthony Edwards (Goose), Tom Cruise (Maverick), and Barry Tubb (Wolfman).
Additionally, Tubb highlighted that the image used in the sequel was altered from an original behind-the-scenes photograph, destroying any potential copyright claims.
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