A recently filed lawsuit has hit Paramount Studios on whether it owns the rights to Top Gun, and if its sequel, Top Gun: Maverick, represents a copyright infringement. The original 1986 action drama starred Tom Cruise as an ace US naval aviator given the chance to prove himself. The long-awaited sequel, Top Gun: Maverick, was finally released in theatres on May 27th, 2022, following numerous delays.
Released in 1986, Top Gun told the story of Lieutenant Pete "Maverick" Mitchell (Cruise), who is given the opportunity to prove himself and go further in his career alongside wingman Nick "Goose" Bradshaw (Anthony Edwards) at the TOPGUN Naval Fighter Weapons School. Butting heads with both instructors and fellow students, Maverick must prove himself not only capable of the high speeds, to be able to handle the pressure and responsibility. Picking up with Maverick over three decades after he flew onto screens, Top Gun: Maverick is set to become Cruise's highest-grossing release after having an incredibly strong performance at the box office. However, Cruise's and Paramount's successful return may soon be facing a difficult situation.
As reported by Puck News, a lawsuit claiming that Paramount Studios do not own the rights to Top Gun was submitted to the California Federal Court on June 6th, by Shosh and Yuval Yonay, heirs to writer Ehud Yonay. The writer was responsible for the 1983 California magazine article “Top Guns,”, the source material that Paramount acquired and based the film upon. The suit claims that the heirs recovered the rights to the article on January 24th, 2020, alleging that Paramount had ignored the termination order, failing to "re-acquire the requisite film and ancillary rights to the Yonays’ copyrighted Story prior to the completion and release of their derivative 2022 Sequel,” ahead of Top Gun: Maverick's release, with the heirs pushing for an injunction.
The recent lawsuit follows multiple release delays for Top Gun: Maverick prior to its May premiere. Principal photography began in May 2018, with the film originally being scheduled for a theatrical release on July 12th, 2019, but had been delayed by almost a year to June 26th, 2020, as multiple complex additional sequences were shot for the film. A further delay to December 23rd, 2020, was made when theatres were closed in an attempt to curb the spread of the COVID-19 pandemic. It would be further delayed from its December release to July 2nd, 2021 due to further concerns surrounding the pandemic, before moving to November 19th, before ultimately releasing in theatres in May 2022, after screenings at numerous events.
Paramount's Top Gun lawsuit follows similar copyright cases surrounding Marvel's characters, where the heirs of numerous creators such as Stan Lee and Steve Ditko have the option to file for a notice of termination that would either see them reclaim the rights and force Marvel Comics to renegotiate the agreement for future usage of the characters once the companies' ownership of the rights expires. While Marvel is preemptively entering court cases prior to the character's rights expiration dates, Paramount may find themselves in a difficult position, as the date had already passed in 2020 prior to Top Gun: Maverick's final release, with the Yonay heirs alleging that the studio had ignored their agreement. While it is still early days for the case, it could call into question the possible future of the franchise, as well as complicate Top Gun: Maverick's future home releases.
Source: Puck News