Paramount Prevails in Copyright Lawsuit Over Top Gun Sequel

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ICARO Media Group
Politics
08/04/2024 18h55

Paramount Pictures has emerged victorious in a copyright lawsuit filed by the heirs of the author whose magazine story inspired the original Top Gun film, claiming that the studio proceeded with the blockbuster sequel without obtaining a new license. U.S. District Judge Percy Anderson dismissed the case on Friday, ruling that the sequel's elements, including plot, theme, setting, and dialogue, were "largely dissimilar" from the original story.

The lawsuit was brought by Shosh and Yuval Yonay, who alleged that the rights to the story reverted back to them in 2020 after sending a termination notice to Paramount. They relied on a provision in copyright law that allows authors to reclaim their rights after a certain period of time. However, Paramount argued that it did not require a new license as the article in question was a nonfiction piece with no resemblance to the action-packed sequel. The studio further contended that the sequel was completed before the termination date.

In his order, Judge Anderson stated that factual similarities between the two works, such as the concept of a fighter pilot training school, were not protected by copyright law. He applied the extrinsic test, comparing plot, theme, dialogue, characters, setting, and pace, among other factors. The court found that the works differed in significant ways, including the structure and pacing.

Furthermore, the court emphasized that any similarities were based on unprotected elements, including dialogue presented as real statements made by actual people in the article. Expert testimony presented by the Yonays' expert was excluded, while testimony from Paramount's expert was considered.

The court also dismissed the plaintiffs' breach of contract claim regarding Paramount's refusal to credit the author in the film. Judge Anderson determined that Yonay was not entitled to credit as the sequel was produced independently of the rights conveyed by the contract.

A spokesperson for Paramount Pictures expressed satisfaction with the court's ruling, stating that the plaintiffs' claims were without merit. This decision puts to rest a legal headache for the studio and clears the path for a potential third film in the franchise.

This verdict may have broader implications for the industry, potentially undermining the idea that studios need to reacquire rights for sequels based on source material. It could provide support to Columbia Pictures in its own copyright lawsuit against writer George Gallo over the Bad Boys franchise, in which the studio argues that Gallo cannot reclaim ownership since the story was allegedly created as a work-made-for-hire.

Overall, Paramount can now move forward with its successful Top Gun sequel, knowing that it has prevailed in this copyright battle.

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