A recent decision by the 9th US Circuit Court of Appeals has cleared Top Gun: Maverick of copyright infringement claims related to the original Top Gun film. The court ruled that the 2022 blockbuster, starring Tom Cruise, did not significantly resemble the 1983 magazine article “Top Guns” by Ehud Yonay, which inspired the 1986 film.
The court, located in Pasadena, California, stated that the similarities between the two works were not substantial enough to warrant a copyright claim. Paramount Pictures, which produced Maverick, expressed satisfaction with the ruling, emphasizing that the claims made by Yonay’s heirs were without merit.
The Yonay family, comprised of Shosh Yonay and Yuval Yonay, argued that Maverick shared key elements with “Top Guns,” claiming that both narratives explore themes of excellence in fighter aviation. They had previously terminated the licensing agreement granted to Paramount for the original film in 2020, seeking a share of the profits from Maverick, which has grossed approximately $1.5 billion globally, ranking as the 14th highest-grossing film of all time according to Box Office Mojo.
The three-judge panel noted that Maverick includes unique plot points not present in “Top Guns,” such as a romantic subplot and the character of Navy Captain Pete “Maverick” Mitchell returning to mentor younger pilots. Circuit Judge Eric Miller concluded that the Yonays’ comparison of the two works was overly abstract, stating, “Their claim of substantial similarity fails because what is protected is not similar, and what is similar is not protected.”
Furthermore, the panel determined that Paramount was not obligated to credit Ehud Yonay in Maverick since the 1983 agreement did not extend to the film. The court’s decision upheld a previous ruling by US District Judge Percy Anderson in Los Angeles, who dismissed the Yonays’ claims in April 2024.
In a separate legal matter, Paramount is also facing a lawsuit from screenwriter Shaun Gray, who contends that he contributed to scenes in Maverick and is entitled to a share of its profits. Jury selection for this case is set for March 9, 2024.
As the legal battles continue, the film remains a significant success for both Tom Cruise and Paramount Pictures, highlighting the ongoing complexities of copyright and creative ownership in the film industry.
