(Not) the Last Flight: How Paramount Studios Defends Top Gun: Maverick in the Battle for Authorship
With the rise of digital content, copyright and intellectual property doctrines are being interpreted in new ways and shaping modern judicial and legal practice. Authors of digital (and other) works, some based on their own experience, others following recommendations, often include intellectual property disclaimers and claims of undisputed authorship as a preventive measure against potential lawsuits and media scandals. Yet, such “amulets” do not guarantee protection.Recently, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Yonay v. Paramount Pictures Corporation, concerning copyright claims over the film Top Gun: Maverick. The plaintiffs, Shosh Yonay and Yuval Yonay, heirs of Ehud Yonay, author of the article Top Guns (1983) which inspired the original 1986 film, argued that the 2022 film infringed their copyrights because Paramount had not renewed the license after the rights reverted in 2020. The appellate court affirmed the lower court’s decision dismissing the claim due to the absence of the circumstances cited by the plaintiffs. Let’s examine the arguments and key factors behind the ruling.The lawsuit followed the 2020 legal termination of the...