Tom Cruise and Paramount cleared for future projects Top shooter thanks to a trio of federal judges.
Three and a half years later David EllisonThe studio owned by us was opened for the first time Top Shot: Maverick Due to copyright infringement on the estate of the journalist who wrote the story on which the original pilot film was based, an appeals court has thrown the whole thing out the window – at least for now.
“The external test question is whether the expression in Maverick substantially similar
to the original expression in “Top Guns,” but it is not,” writes Judge Eric D. Miller of the U.S. Court of Appeals for the Ninth Circuit.
Confirming the decision of April 2024 U.S. District Judge Percy Anderson's unqualified opinion on Jan. 2 ruled against the widow and son of Ehud Yonai, who wrote “Top Gun” from the now-defunct magazine. California May 1983 issue of the magazine. Having sold his work to producers at one time, Yoney, who died in 2012, was enlisted in the Reagan era. Top shooter. The external test common in the Ninth Circuit looks at comparison, context and, in this case, specific plot elements.
“The panel confirmed the district court’s conclusion thatt Maverick did not share essential
amount of the original “Top Guns” expression, and therefore the plaintiffs failed to establish a case of substantial similarity as required to establish copyright infringement, Judge Miller said, writing on behalf of the three who heard the appeal last year. “The Commission concluded that there was no similarity in the protectable elements of the article, and plaintiffs did not establish an original and protectable selection and arrangement of elements.”
The aforementioned three-judge panel included Trump appointee Miller, as well as Andrew D. Hurwitz and Jennifer Sung. While Mark Taboroff and the studio, a thorn in many studios' side, are turning to attorney Daniel Petrocelli to represent their clients' interests, a trio of Pasadena judges heard arguments back in early June.
Additionally, Judge Miller noted that “the panel held that the district court properly granted summary judgment to Paramount on plaintiffs' contention that Paramount breached its 1983 agreement with
Ehud Yonai without crediting him in the 2022 film.”
Tom Cruise in Top Shot: Maverick (Photo: Paramount Pictures/Everett Collection)
One of a couple of suits that The blockbuster directed by Joseph Kosinski has faced controversy since its release in 2022. Shosh Yonai and Yuval Yonai's breach of contract, declaratory relief, and copyright infringement claim required that the rights to “Top Guns” revert to them in January 2020 under copyright law. They argued that the $1.5 billion box office gross violated termination rights, and Paramount, Cruise and producers such as Jerry Bruckheimer and now Par owner David Ellison had no right to make a sequel to the 1986 film. Top shooter.
While Yonai still has the option of asking for a stay of the mandate and filing a motion for rehearing, it would be a dog fight. However, as has been proven in the case of Superman, Jack Kirby and other copyright suits, Toberoff rarely lets go of a case until there is nothing left to discover.
“In the commission’s view, the more vividly a journalist conveys the truth, the less protection he receives,” the lawyer told Deadline today. “This result punishes the very thing that copyright in original expression was created to reward.”
He went on to say, “We are evaluating all options on appeal, including en banc or certiorari. This decision fundamentally misapplies the substantial similarity doctrine in a way that threatens authors in all environments and is particularly troubling in the age of artificial intelligence.”
It appears that in 2024, when Judge Anderson ruled in their favor, Paramount kept it short and sweet. “We are glad that the Ninth Arbitration Court recognized the plaintiffs’ claims as completely unfounded,” said a representative of the tender company WBD.
As for Paramount's next move, A Top Shooter 3 preparing for takeoff.
