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Foxtrot! Paramount sued over Top Gun Sequel​

By Jake Rickman​

What do you need to know this week?

On Monday, it was announced that the studio that produced the recently-released sequel to the 1980s blockbuster Top Gun is being sued for copyright infringement.

The wife and son of Ehud Yonay, the deceased author whose 1983 article in the magazine California inspired Top Gun, are suing Paramount for an undetermined sum of money. In essence, they allege that the author regained ownership of the motion picture rights in 2020, after filing a notice of termination under US Federal law in 2018 that entitles the original copyright owner to reclaim transferred rights after 35. Assuming this can be proved, the release of Top Gun 2: Maverick would amount to a substantial copyright infringement.

As of 6 June, Top Gun 2: Maverick has so far amassed $548.6m in the two weeks since its release.

Why is this important for your interviews?

If you are interested in intellectual property rights or entertainment law, grappling with the facts and legal basis for this case may demonstrate to your interviewers your interests and motivations. Likewise, by demonstrating your understanding of proceedings in a foreign jurisdiction, you will signal to interviewers your appreciation for the global nature of contentious legal practice.

On 6 June 2022, the claimants (or plaintiffs, as Shosh and Yuval Yonay are known in the United States) filed a federal copyright claim under 17 U.S.C. § 501 Copyright Infringement against Paramount Pictures Corporation.

According to the complaint filed with the Federal District Court in Central California, the plaintiffs are seeking compensatory and consequential damages, which are two distinct forms of damages available to plaintiffs under US Federal copyright law — similar in respect to the two remedies available under English law: damages and an account of profits.

They are additionally seeking an injunction against the studio, which, if awarded, would prohibit the studio from distributing the film without obtaining a new license from the plaintiffs. If this is awarded, presumably the author’s estate would seek to renegotiate a new contract with the studio to share in the profits, in addition to any award made by the court.

Of course, it is impossible to determine the merits of the claim at this stage. Paramount has signalled that it will defend itself in a public statement, but it has not yet supplied a legal response.

How is this topic relevant to law firms?

Litigation claims like these can be quite expensive to defend. In addition to preparing its defence, Paramount’s legal team will also likely try and determine what scope there is for settlement.

The Yonay family is advised by Toberoff & Associates, which is a law firm headed by Marc Toberoff. He has a successful record as a plaintiff entertainment lawyer, representing copyright holders’ claims against alleged infringement. Additionally, the former Ninth Circuit US Court of Appeals judge Alex Kozinksi is also advising the claimants.

It is not yet clear which firms are advising Paramount.