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Judge Tosses 'Top Gun: Maverick' Authorship Claim as Derivative Work as Paramount Counterclaims Advance to Trial

The court said contributions tied to Paramount’s existing characters and settings qualify as unprotectable derivative work.

Overview

  • U.S. District Judge Jed Rakoff granted summary judgment dismissing Shaun Gray’s copyright infringement claim over alleged contributions to the film.
  • The ruling found Gray’s claimed scenes recapture the Top Gun universe owned by Paramount, making them unprotectable derivative works and invalidating his asserted copyright.
  • Paramount’s counterclaims for copyright infringement and fraud will proceed to a jury, with the judge finding sufficient evidence that the studio relied on Gray’s alleged concealment.
  • Gray had alleged he wrote roughly 15 key sequences after participating in meetings with credited writer Eric Warren Singer and director Joseph Kosinski, without a work-for-hire deal.
  • Paramount welcomed the decision, which follows an appeals court win last week upholding that the sequel did not infringe the 1983 magazine article that inspired the original film.