Top Gun’s ‘Wolfman’ sues Paramount for ‘misuse’ of image
Actor Barry Tubb files lawsuit against Paramount Pictures over photo shown in movie | Accuses the film company of knowingly using his image without permission in the sequel | Claims of misappropriation and economic loss.
An actor from the original Top Gun film has sued Paramount Pictures, 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 1986 blockbuster movie, claimed the studio used his image without permission and compensation in the remake Top Gun: Maverick.
Tubb alleged in the suit, filed in the US District Court for the Central District of California on February 21, 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.
The altered image was not part of the original Top Gun and featured Tubb alongside fellow actors and real US Navy personnel who consulted on the film.
The lawsuit emphasised that Paramount “gained—and will continue to gain-—an economic windfall by using the image” without compensation or consent.
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.
Contract breach and unauthorised use
Tubb argued that when he entered into the contract with Paramount in 1985, movie sequels were virtually “non-existent”, and his contractual authorisation for image use was limited to the original Top Gun released in 1986.
Despite this, Paramount allegedly featured Tubb's image prominently in key scenes of the sequel without his permission, leading to what Tubb argued was a violation of his rights.
Paramount was accused of intentionally misappropriating Tubb's image for its own commercial purposes in Top Gun: Maverick, creating a misleading impression of Tubb's affiliation with the sequel.
By “intentionally misappropriating” the plaintiff’s image, Paramount has “utterly deprived plaintiff of the right and ability to negotiate the price of using his image or, ultimately, to say “no” to its use,” said the suit.
Paramount's previous alleged infringement
In June 2022, Paramount faced a lawsuit from the family and heirs of writer Ehud Yonay, who wrote an article serving as the inspiration for the original Top Gun film.
Yonay's family claimed copyright infringement, stating that Paramount failed to secure a new licence for film and ancillary rights for the sequel despite acknowledging the source material in the credits.
The family sought unspecified damages and a permanent injunction on the new film, citing the potential harm to their copyright, interests, reputation, and business.
Tubb is represented by Joseph Casas and Dennis Postiglione from The Casas Law Firm.
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