Coming Soon to a Courtroom Near You: Top Gun Lawsuit Alleges Movie Infringes Copyright
Top Gun: Maverick, the long-awaited sequel to the 1986 hit film Top Gun, was released on May 27, 2022. The original Top Gun released in 1986 was based on a 1983 magazine article by author and reporter Ehud Yonay profiling two young pilots. In the sequel, Tom Cruise reprises his role of pilot Maverick, now well-advanced in his career.
On June 6, 2022, a little over a week after the movie’s release, Yonay’s heirs sued Paramount Studios, alleging copyright infringement. But if the sequel violated Yonay’s copyright, what about the original?
Copyright termination: When artists lose that loving feeling
According to the complaint filed by Shosh and Yuval Yonay, the wife and son of the now-deceased Ehud Yonay, the original film was licensed from Ehud Yonay to Paramount. But, the complaint alleges, the copyright license was terminated in 2020, meaning that Paramount allegedly did not have the right to create and distribute derivative works based on the 1983 article.
Under U.S. copyright law, copyright termination allows creators of certain artistic works to take back rights they’d licensed away 35 years after the license as long as they meet certain requirements. The statute protects artists, who often have less bargaining power than the movie studios. Other high-profile creative works that have been the subject of copyright termination-related suits include the original Friday the 13th film and several Marvel superheroes such as Iron Man, Spider-Man, and Thor.
Possible defenses: A target-rich environment
The Top Gun lawsuit is now pending in the U.S. District Court for the Central District of California. As the matter advances, Paramount will likely question whether the requirements for termination have been met. This includes the timing of the termination request and whether the film—which was delayed by the pandemic—was completed before or after the copyright termination is alleged. Another possible question is the scope and extent of Yonay’s rights because the copyright claimant for the copyright registration cited in the complaint is the magazine where the article appeared.
Federal courts are not known for their “need for speed,” so it seems that the complaint may be a protracted preview of coming attractions. Grab your popcorn.