US Court Rules on Copyright Case Involving "Top Gun: Maverick"

On Friday, a US federal appeals court ruled that the 2022 film "Top Gun: Maverick," starring Tom Cruise, did not infringe upon the copyright of a magazine article that inspired the original 1986 "Top Gun" film. The 9th US Circuit Court of Appeals in Pasadena, California, determined that "Maverick," produced by Paramount Pictures, was not substantially similar to "Top Guns," a 1983 article by Israeli writer Ehud Yonay about the US Navy’s Top Gun fighter pilot training school in San Diego.

Times of Israel

Ehud Yonay granted Paramount rights to his article in 1983, and he was credited in the original film. However, following Yonay's death, his widow Shosh Yonay and son Yuval Yonay, who inherited his copyright, terminated the license in 2020. They subsequently sought a share of the profits from "Maverick," which has grossed $1.5 billion worldwide, making it Cruise's highest-grossing film and the 14th highest-grossing film of all time.

Times of Israel

The appeals court panel noted that "Maverick" included significant plot elements not present in "Top Guns," such as a romantic subplot and the character of Navy Captain Pete "Maverick" Mitchell returning to train younger pilots. The judges stated that the Yonays' claims were described at "such a high level of abstraction" that the alleged similarities were not protectable under copyright law. Circuit Judge Eric Miller emphasized that "their claim of substantial similarity fails because what is protected is not similar, and what is similar is not protected."

Times of Israel

The Yonays argued that "Maverick" shared various elements with "Top Guns," including plot, character, dialogue, and thematic content, all centered around the pursuit of excellence in fighter aviation. However, the court's ruling upheld an earlier dismissal by US District Judge Percy Anderson in Los Angeles, stating that Paramount was not obligated to credit Ehud Yonay in "Maverick" due to the terms of the original agreement.

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In addition to the Yonay case, Paramount is facing another lawsuit in New York from screenwriter Shaun Gray, who claims he wrote several scenes featured in "Maverick" and is seeking a share of its profits. Jury selection for this case is scheduled for March 9, 2024.

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While the court's ruling favored Paramount, the Yonays maintain that their work was integral to the original film's success and that they deserve compensation for the sequel's profits. Their perspective highlights ongoing debates about copyright protections and the rights of original creators in the film industry.

Times of Israel

• “Their claim of substantial similarity fails because what is protected is not similar, and what is similar is not protected,” — Circuit Judge Eric Miller

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• “Maverick” shared plot, character, dialogue and thematic elements with “Top Guns.” — Shosh Yonay, widow of Ehud Yonay

Times of Israel

This ruling underscores the complexities of copyright law in the entertainment industry, particularly regarding adaptations and sequels.

Times of Israel