A Journalistic Article Puts Top Gun’s $1.5 Billion Revenue at Stake: Intellectual Property to the Rescue

10 December, 2024
–
Intellectual property
–
Lucas Charnet


The world of cinema thrives not only on creativity and spectacle but also on a dense web of legal rights that ensure the protection and exploitation of ideas. Top Gun: Maverick, one of the biggest box office hits in recent years, grossing over $1.5 billion, is a clear example of how intellectual property can become a decisive battleground. It all began with a journalistic article written nearly 40 years ago, whose authorship was claimed by the heirs of Israeli journalist Ehud Yonay, jeopardizing the production of an unstoppable saga.

From the Pages of a Magazine to Hollywood Success

In 1983, Ehud Yonay published an article titled Top Guns in California Magazine, detailing the lives of fighter pilots at the Miramar Naval Air Station in San Diego. This story caught the attention of the producers of the 1986 film Top Gun, who acquired the rights to the text to develop the plot of the original movie. The film not only marked a milestone in Tom Cruise’s career but also became a cultural icon of the 1980s.

Decades later, when Paramount Pictures released the sequel, Top Gun: Maverick, Yonay’s heirs claimed that the article’s rights had reverted to the family in 2020, as per U.S. copyright laws. The family argued that the new movie infringed these rights by using essential elements of the original text without their consent.

What Does Intellectual Property Protect in This Case?

As we’ve mentioned in other articles on this blog, intellectual property under copyright law protects the concrete expressions of ideas, i.e., the way ideas are materialized, but not the ideas themselves. For example, if someone wants to register the idea of a book, they can only protect the text and how the idea is developed but not the idea itself. This principle is key to understanding Judge Percy Anderson’s ruling from the Central District of California, who dismissed the lawsuit filed by Yonay’s heirs.

The judge concluded that Top Gun: Maverick did not reproduce protected elements of Yonay’s article. While both narratives revolve around fighter pilots and their training, the sequel develops an original and linear plot centered on characters and events absent from the journalistic text. According to the ruling, general ideas, archival scenes, and abstract themes are not covered by copyright, clarifying that protection is limited to specific expressions of a work.

When Success Is Measured in Rights

The Yonay vs. Paramount case highlights the importance of properly managing intellectual property rights, especially in an industry like film, where stories drive the business. Ambiguities in initial contracts, legal provisions allowing rights reversion, and the complexity of determining what elements are protected and which are not can lead to costly and prolonged legal disputes.

In this context, creators and production companies must have adequate guidance to protect their interests. From negotiating contracts to registering works, every step can make the difference between success and a multimillion-dollar lawsuit. In Yonay’s heirs’ case, exploring other legal avenues, such as trademark law, might have been more effective in protecting the name Top Gun, which has been used and commercialized as a key element of the franchise, beyond the minimal similarities to the original article’s story.

Lessons for Creators and Producers

The Top Gun case offers several key lessons for those working in creative industries:

Registering and Protecting Works: Properly registering a work at the time of its creation is essential to ensure its protection. In this case, Yonay’s article was duly registered, allowing his family to claim the rights decades later. However, besides registering the article, they could have also considered registering the trademark Top Gun, as the name has become one of the franchise’s most valuable and commercialized elements.

Clear and Specific Contracts: Contracts must detail the scope and conditions of the rights transfer. This includes specifying whether the transfer covers adaptations, the time period during which the work can be used, the specific parts of the work being transferred, and which rights (reproduction, public communication, transformation, among others) are included. A more detailed original contract might have prevented uncertainty about whether the sequel infringed the original rights.

Updating Rights: In many jurisdictions, copyright can revert to creators or their heirs after a set period. Rights holders must monitor these timelines and act proactively to protect their interests. Additionally, maintaining continuous control over exploitation rights can open new opportunities, such as trademark registration related to the original work.

Specialized Advice: Intellectual property disputes often involve complex issues that require expert legal intervention. Having a team of specialized lawyers can be the key to efficiently resolving conflicts.

Intellectual Property and the Value of Ideas

Cinema, like other art forms, heavily relies on the ability to transform ideas into stories that resonate with audiences. But these ideas, once materialized into a concrete form, become valuable assets that deserve protection. Intellectual property not only ensures that creators receive the recognition and compensation they deserve but also fosters innovation and creativity by providing a secure legal framework for their development and exploitation.

In Top Gun’s case, Yonay’s article served as the starting point for a franchise that has generated billions of dollars in revenue. However, the lack of clarity regarding the rights associated with that text nearly halted the saga’s continuity, proving that even the most successful stories can face obstacles if legal aspects are not properly managed.

Conclusion: Intellectual Property as a Pillar of Creative Success

The Top Gun: Maverick case illustrates how intellectual property can become a determining factor in the success or failure of a creative project. Whether it’s a journalistic article, a film script, or any other work, it is essential to understand and respect the copyrights that protect these creations.

At MES Advocats, we have extensive experience in managing and protecting intellectual property. If you have an idea, a work, or a project you want to safeguard, our team of experts can help you navigate this complex legal field and ensure your creativity is adequately supported. Do not hesitate to contact us for personalized advice and tailored solutions to your needs in this link.

###


Copyrightdret d'autorintellectual propertyIntellectual PropertyRegistro de la propiedad intelectualtop gun maverick

---