Paramount Global has secured a key early win in a legal battle tied to the blockbuster film Top Gun Maverick, after a federal judge in Manhattan dismissed a writer’s remaining copyright infringement claim while allowing the studio’s counterclaims to proceed.
US District Judge Jed S. Rakoff ruled on Friday that Shaun Gray, a visual effects artist who says he helped write major scenes in the 2022 sequel, does not hold a valid copyright over the material he claims was used without credit. The decision grants Paramount summary judgment on Gray’s claim and keeps the studio’s counterclaims for copyright infringement and common law fraud alive for trial.
Gray, who is credited as a writer on the Apple TV plus series Shantaram, alleged that he contributed key scenes to Top Gun Maverick after being asked in 2017 by his cousin, screenwriter Eric Singer, to assist with the screenplay. Gray argued that his work formed an important part of the final film and that he was entitled to recognition and protection under copyright law.
The court rejected that position, siding with Paramount’s argument that the disputed scenes were derivative works rooted in the original Top Gun film. Judge Rakoff said the undisputed facts showed that Gray’s material could not be independently copyrighted.
“The original film, ‘Top Gun,’ was fully copyrighted by Paramount, and it is self evident that the Gray scenes are materially based on the ‘Top Gun’ universe, including characters, settings and plot devices,” the judge wrote, noting that such elements are expected in a sequel.
The ruling also dismissed Gray’s claim that he had the right to use Top Gun material because Singer was hired by Paramount and then brought him onto the project. Judge Rakoff said that argument overlooked a central issue.
“This assertion completely ignores the question of whether he had the right to assert independent ownership and copyright over writings derived from these materials,” the judge stated.
According to the decision, neither Singer nor director Joseph Kosinski had the authority to grant Gray independent copyright rights. Judge Rakoff emphasized that their own contracts with Paramount barred them from claiming copyright ownership over what they produced for the film.
“Under their own contracts with Paramount, neither Singer nor Kosinski had any right to copyright what they produced for ‘Top Gun Maverick,’ let alone the authority to grant such an unusual right to Gray,” the judge said, adding that Gray failed to show anything that would reasonably suggest he had been given such rights.
Judge Rakoff also addressed Gray’s attempt to dismiss Paramount’s counterclaims, rejecting his argument that they were filed too late. Gray claimed Paramount had knowledge of his involvement as early as 2017 through Singer and Kosinski.
While the court acknowledged evidence that both men were aware of Gray’s participation, the judge pointed to contract language stating that neither Singer nor Kosinski acted as an agent of Paramount. To overcome that language, Judge Rakoff said, Gray would need stronger proof that the studio treated them as agents.
“While Gray has adduced some modest evidence to this effect, it is hardly sufficient to show that he is entitled to summary judgment,” the judge concluded.
Paramount welcomed the ruling. A spokesperson said the company was pleased that Gray’s claims were dismissed and that its counterclaims will move forward. Counsel for Gray did not immediately respond to requests for comment.
The dispute is one of several legal challenges connected to Top Gun Maverick, which became one of the biggest box office hits of 2022 and earned six Academy Award nominations, including best adapted screenplay.
Earlier cases have also favored Paramount. A California federal judge dismissed a separate copyright lawsuit brought by the family of a writer tied to the original Top Gun source material, finding no infringement in the sequel. That decision was later upheld by the Ninth Circuit, which ruled that similarities between the works were too abstract to be protected. Actor Barry Tubb also pursued a right of publicity claim over the use of his image in the sequel, a case that ultimately ended in Paramount’s favor.
