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Top Gun Copyright Battle: Maverick Sequel Faces Legal Challenge

The Copyright Dispute

Tom Cruise waited more than thirty years after the release of his 1986 classic "Top Gun" before agreeing to shoot a sequel. Now, Paramount is in a dogfight over its copyrights following the release of "Top Gun: Maverick." The family of Ehud Yonay - the author whose 1983 California magazine story inspired Tom Cruise and ultimately "Top Gun" - recently filed a copyright infringement lawsuit in California federal District Court.

Original Story and Rights

The 1986 film classic "Top Gun" was inspired by a story called "Top Guns" published in California magazine. In May 1983, California magazine published Ehud Yonay's piece about two friends and their training at the US Navy's Fighter Weapons School. Paramount Pictures licensed the copyright to adapt the story for film and released "Top Gun" in 1986, with Yonay receiving credit acknowledgment.

Copyright Termination Notice

In 2018, as filming began on "Top Gun: Maverick," the Yonay estate sent a statutory notice of termination to Paramount, advising that its copyrights to adapt the story would terminate January 24, 2020. Under the Copyright Act, an author or their estate may terminate a license of copyright through this process.

Legal Arguments

The Complaint alleges that Paramount ignored the notice of termination. Paramount counters with two arguments:

1. "Top Gun: Maverick" is not a derivative work of Ehud Yonay's "Top Guns" story
2. Even if it is derivative, it was "sufficiently completed" before the termination date

Understanding Section 203

The case centers on Section 203 of the Copyright Act, which allows authors and heirs to terminate copyright licenses under certain conditions:

• Termination notice permitted between 25-35 years after license grant
• Notice must state termination date and be properly executed
• Rights revert to licensor upon termination

Key Takeaways for Businesses

This case highlights two critical points:

1. Protect your ideas: Copyright registration is a relatively inexpensive tool that can pay major dividends
2. Understand your rights: Track licenses and explore renegotiation when Section 203 dates approach

Moving Forward

With "Top Gun: Maverick" grossing more than $400 million domestically in under three weeks, the stakes are high. For any business, avoiding foreseeable legal problems remains the best intellectual property portfolio management strategy.

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