Paramount defeats writer's copyright lawsuit over 'Top Gun: Maverick'

By Blake Brittain

Jan 9 (Reuters) - Paramount Skydance PSKY.O fended off a copyright lawsuit on Friday in Manhattan federal court from a writer who said the studio failed to pay him for his work on the script for its blockbuster Tom Cruise sequel "Top Gun: Maverick."

U.S. District Judge Jed Rakoff said that Shaun Gray lacked a copyright interest in his work because it was derived from the original "Top Gun," which Paramount owns.

"Gray is a writer who indisputably based his entire script on existing material, including 'Top Gun' characters, settings, and plot devices," Rakoff said. "The work represents Gray's re-capturing of the 'Top Gun' universe in ways that entirely pervade his scenes."

Rakoff also allowed Paramount to continue pressing counterclaims that Gray infringed its copyrights and committed fraud.

A Paramount spokesperson said that the company was pleased with the decision. Gray's attorney did not immediately respond to a request for comment.

Gray, who said he is the cousin of "Maverick" screenwriter Eric Singer, sued Paramount last April. Gray's lawsuit said that Singer and director Joseph Kosinski approached him in 2017 about co-writing the screenplay for "Maverick," starring Cruise as an ace Navy fighter pilot.

The complaint said that Gray wrote several scenes that appeared in the movie, including multiple fighter jet flight scenes. Gray also said he was the film's only writer not subject to a work-made-for-hire agreement, which entitled him to a share of its copyright and profits.

"Maverick," the sequel to the 1986 hit "Top Gun," grossed nearly $1.5 billion worldwide following its theatrical release in 2022. Rakoff rejected Gray's request for part of Paramount's profits from the sequel in July but allowed his infringement claim to continue.

Rakoff dismissed Gray's claim on Friday after determining that Gray's copyright was invalid because the scenes were "themselves infringing derivative works that cannot be copyrighted."

The judge also said Paramount could continue arguing that Gray committed fraud by concealing his contributions to the script until after the film was released.

Paramount defeated a separate "Maverick" copyright lawsuit on Jan. 2 from the heirs of the writer of an article that inspired the original "Top Gun."

The case is Gray v. Paramount Global, U.S. District Court for the Southern District of New York, No. 1:25-cv-03484.

For Gray: Marc Toberoff of Toberoff & Associates

For Paramount: Molly Lens and Danielle Feuer of O'Melveny & Myers

Read more:

Paramount sued by writer over 'Top Gun: Maverick' screenplay

'Top Gun: Maverick' writer not entitled to share of movie profits, US judge says