A new copyright-infringement lawsuit seeks to block distribution of Paramount’s blockbuster film, Top Gun: Maverick. Filed in federal court in Los Angeles on Monday, the suit was initiated by the surviving heirs of Ehud Yonay, whose original California magazine article, “Top Guns,” published in 1983, served as the inspiration for the original Top Gun series. The suit claims that Paramount no longer holds the rights to that story, which it alleges has expired after 35 years, according to Section 203 of copyright law.
Paramount replied tersely, “These claims are without merit and we will defend ourselves vigorously.” Copyright attorney Marc Toberoff is basing his case partly on the argument that Paramount had not obtained a new license to use any of the material included in the original story.
The suit is asking for damages and for an injunction preventing the studio from further distribution of Top Gun: Maverick.
If successful, the suit would mean a huge hit for Paramount, since the film is now the top grossing film in the country, already raking in more than $548 million worldwide, of which nearly $300 million was generated domestically.
The production schedule for Top Gun: Maverick is also a factor in the case. Originally set for release in July 2019, the film was postponed for a year so further work could be done on it, only to be delayed another two years due to the Covid pandemic. Toberoff’s lawsuit claims that the film was not completed until May of 2021, after the copyright had expired.
Starring Tom Cruise in one of his most lucrative roles, Top Gun: Maverick presents another chapter in the career of Pete “Maverick” Mitchell, a Navy test-pilot aviator with more than 30 years of service under his belt. As described on Paramount’s website: “Facing an uncertain future and confronting the ghosts of his past, Maverick is drawn into a confrontation with his own deepest fears, culminating in a mission that demands the ultimate sacrifice from those who will be chosen to fly it.
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