Court Rules in Favor of Paramount in ‘Top Gun: Maverick’ Copyright Dispute
Tom Cruise and Paramount have received a significant legal victory regarding the Top Gun franchise, following a ruling from a trio of federal judges.
Three and a half years after facing copyright infringement claims from the estate of the journalist whose work inspired the original film, an appeals court has dismissed the case — at least for the moment. The lawsuit initially stemmed from the 2022 release of Top Gun: Maverick.
Judge Eric D. Miller of the U.S. Court of Appeals for the Ninth Circuit stated, “The question under the extrinsic test is whether the expression in Maverick is substantially similar to the original expression in ‘Top Guns,’ and it is not.”
Reiterating the April 2024 ruling by U.S. District Judge Percy Anderson, the January 2 opinion favored Paramount and dismissed claims made by the widow and son of Ehud Yonay, the author of “Top Guns,” published in the now-defunct California magazine in May 1983. Yonay, who sold the rights to his work to producers, was credited in the original Top Gun, and he passed away in 2012. The Ninth Circuit’s extrinsic test assesses comparison and context, particularly with regard to specific plot elements.
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Judge Miller further concluded that the panel supported the district court’s determination that Maverick lacked substantial elements from the original “Top Guns” article, indicating that plaintiffs failed to demonstrate a viable claim for copyright infringement. He elaborated, “The panel concluded that there was a lack of similarity in protectable elements of the article, and plaintiffs did not establish an original and protectable selection and arrangement of elements.”
The judicial panel consisted of Judge Miller, alongside Andrew D. Hurwitz and Jennifer Sung. The judges reviewed arguments in early June, with prominent attorneys Marc Taboroff and Daniel Petrocelli representing the opposing sides.
Judge Miller acknowledged that the panel found the district court had correctly granted summary judgment to Paramount regarding claims that the studio violated its agreement with Ehud Yonay by failing to credit him in the 2022 film.
Tom Cruise in Top Gun: Maverick (Photo: Paramount Pictures / Courtesy Everett Collection)
The copyright suit, one of several the blockbuster directed by Joseph Kosinski has faced since its release in 2022, was initiated by Shosh Yonay and Yuval Yonay. They argued that the rights to “Top Guns” had reverted to them in January 2020 under copyright statutes, claiming the successful film violated termination rights. They contended that Paramount, Cruise, and producers including Jerry Bruckheimer lacked the authority to produce the sequel to the original 1986 Top Gun.
In response, Paramount reiterated its stance, stating, “We are pleased that the Ninth Circuit recognized that plaintiffs’ claims were completely without merit,” according to a spokesperson for the studio.
As Paramount looks to the future, plans for a Top Gun 3 are reportedly underway.
