Paramount has won a lawsuit over the copyright of the original Top Gun sequel. The case, brought by the heirs of the author of a 1983 magazine story that inspired the first Top Gun movie, accused Paramount of making the sequel without getting a new license.
The U.S. District Judge Percy Anderson dismissed the case, stating that many elements of the film, like plot, theme, setting, and dialogue, are different from the original story. The court also ruled that certain similarities between the two works, such as both being about a fighter pilot training school, are not protected by copyright law.
Marc Toberoff, representing the plaintiffs, expressed disagreement with the ruling and plans to appeal it. He argued that Paramount disregarded the rights of the original author’s heirs when making the sequel.
The lawsuit claimed that the rights to the story reverted to the heirs in 2020 after they sent Paramount a notice of termination, using a provision in copyright law that allows authors to reclaim their works after a certain time.
Paramount countered by saying it didn’t need a new license since the original article is nonfiction and has no resemblance to the blockbuster movie. They also argued that the sequel was completed before the termination date.
The court sided with Paramount, emphasizing that factual similarities between the two works are not protected by copyright law. It applied a test to compare various aspects of the works, excluding elements like general plot ideas and familiar scenes.
The judge found that themes, dialogues, characters, and setting in the movie are substantially different from those in the article. He noted differences in settings, like the location where the pilots prepare for their missions.
The court also dismissed the breach of contract claim, stating that Paramount was not obligated to credit the original author because the sequel was not produced under the rights granted by the contract. A spokesperson for Paramount expressed satisfaction with the court’s decision, stating that the claims against them were baseless.
This ruling resolves a legal issue for Paramount and may impact future sequel productions based on original works. It could also influence other ongoing copyright disputes in the film industry.
