Top Gun: Maverick Lawsuit Appeal Heads to Supreme Court, Heirs Argue

The heirs of the writer behind the original Top Gun story are appealing their dismissed lawsuit against Paramount to the Supreme Court, according to a court filing reported by TheWrap. Their case, which claimed the studio should have renegotiated a deal for the blockbuster sequel Top Gun: Maverick, was thrown out by a federal judge in 2024.

The plaintiffs are the family of Ehud Yonay, who wrote a 1983 magazine article titled "Top Guns" for California Magazine. That piece earned him a "story by" credit for the original film. The Yonays are now asking the Supreme Court to resolve a split among federal appeals courts over how to determine "substantial similarity" in copyright cases.

What is the legal argument?

The appeal centers on a procedural difference between the Ninth Circuit Court of Appeals and other circuits. According to the filing, the Ninth Circuit uses a two-step test for copyright infringement. The first step, in which the court applies an "extrinsic test," divides a work into its component parts (e.g., its " 'plot, themes, dialogue, [and] mood' "); filter out any unprotectable elements; and compare what remains of each component one-by-one to the corresponding components of the accused work. Only if a work passes that extrinsic test will the court move onto an "intrinsic test" in which a factfinder assesses the works’ overall similarity from the standpoint of the ordinary reasonable observer.

The Second, Third, Fifth, Seventh and D.C. Circuits, however, examine similarity in its totality from the start, skipping the dissection step. The appeal argues this split has "enormous consequences" for copyright holders and industries, noting the Second and Ninth Circuits are home to the publishing and entertainment sectors.

What was the original claim?

The initial lawsuit was filed in June 2022. It stated that the copyright to Yonay's article was legally re-claimed in 2018 through a statutory termination triggered by the passage of time. The suit alleged that Top Gun: Maverick, as a direct derivative of his original story, violated that claim, which Paramount ignored.

The 2024 ruling found that the sequel was not materially similar to the 1983 article. The heirs are now asking the Supreme Court to review that decision holistically. A representative for Paramount did not immediately respond to TheWrap’s request for comment.

Sources

• TheWrap