Fans of the iconic 1986 flick Top Gun were in for a nostalgic treat a few years ago with the release of its very belated sequel, Top Gun: Maverick. The action-packed movie brought back many of the cinematic stunts and the beloved protagonist of the original while introducing a fresh storyline and new characters.
But now, the new blockbuster has become entangled in a legal dogfight. A screenwriter has recently filed a lawsuit against Paramount Pictures, the studio, claiming his original work was used in the creation of the film without proper compensation or acknowledgment.
A Successful Sequel
Released in May 2022 after pandemic-related delays, Maverick marked Tom Cruise's triumphant return to the role of Pete "Maverick" Mitchell, 36 years after the original film captivated audiences. Directed by Joseph Kosinski, the film follows Maverick as he trains a new generation of Naval aviators for a specialized mission, while confronting his past through a relationship with the son of his late best friend.
The film soared to extraordinary heights at the box office, grossing over $1.49 billion worldwide. This made it not only the highest-grossing film of 2022, but the highest-grossing film of Tom Cruise's illustrious career, out-earning the original Top Gun. Critics and audiences alike praised the film for its breathtaking aerial sequences, emotional storytelling, and respectful homage to the 1986 original. The film also received six Academy Award nominations, including one for Best Adapted Screenplay.
But in the midst of the commercial and critical success, it appears that some key players were missing out.
A Screenwriter Scorned
Shaun Gray, an accomplished screenwriter who allegedly worked on Maverick, claims that Paramount didn’t play fair. He contends that his creative efforts were improperly used by these entertainment powerhouses, leading to significant financial gain for them without appropriate credit or compensation for him.
Gray's involvement with the new Top Gun film began in June 2017. His cousin, Eric Warren Singer, was employed by Paramount to write the screenplay, but Singer invited Gray to co-author it. Over the ensuing months, Gray actively participated in story meetings with Singer and the director Kosinski. Gray claims that he ended up contributing significantly to the screenplay by crafting key scenes that became central to the film's dramatic appeal.
Despite his allegedly substantial input, though, Gray was not credited as a co-author. He also did not receive any financial remuneration for his contributions. Now, the scorned screenwriter has initiated a lawsuit in the federal court of the Southern District of New York against Paramount Global and its subsidiaries. He claims that he’s been “manipulated and exploited by Hollywood power players.”
Work Made For Hire
Central to determining the ownership and authorship rights of the screenplay for Maverick is the concept of "work-made-for-hire." Under U.S. copyright law, a "work-made-for-hire" is a work created by an employee within the scope of their employment or a work specially ordered or commissioned under certain circumstances, where the parties agree in writing that the work shall be considered a work-made-for-hire.
Gray argues that his contributions to the screenplay were not made under a work-made-for-hire agreement, unlike those of other contributors who had explicit contracts with Paramount. This distinction is crucial because if Gray's work is not classified as a work-made-for-hire, he retains authorship rights to his contributions, making him a joint author and owner of the screenplay and film's copyrights. This would entitle him to recognition, credit, and a share of the profits from the film.
Conversely, if Gray's work was considered a work-made-for-hire, Paramount would be the statutory author of his contributions, and Gray would not have claims to authorship or ownership of the copyrights. Therefore, the determination of whether Gray's contributions were a work-made-for-hire affects his legal claims for joint authorship, ownership, and entitlement to profits.
What to Expect
In his legal complaint, Gray seeks this recognition as a joint author of the screenplay and the film, along with a share of the profits they generated. And the screenwriter claims he has proof. He says that he has “maintained meticulous, time-stamped files and emails that document and track his writing of these key scenes and his significant contributions to the Film and its screenplay.” Presumably, he’ll be prepared to show those at court.
This is not the first time that Gray’s lawyer, Marc Toberoff, is suing Paramount over the Top Gun franchise. In the wake of Maverick’s release, Toberoff had brought a different copyright lawsuit against the studio on behalf of journalist Ehud Yonay. Yonay had written the 1983 article that the original Top Gun was based on. Though dismissed last year, that lawsuit is currently on appeal.
Paramount’s people call Gray’s complaint “completely without merit.” The studios lawyers seem confident that the court will reject the new lawsuit just like they did with Yonay’s. Whether Shaun Gray's claims will take flight or crash-land remains to be seen, so stay tuned for updates to come.
Related Resources:
- A Drama Over Medical Dramas as Estate of "ER" Creator Allowed To Continue Lawsuit (FindLaw's Legally Weird)
- A Farewell to Copyrights: Works Entering the Public Domain in 2025 (FindLaw's Law and Daily Life)
- What Is a "Work Made for Hire”? (FindLaw's Learn About the Law)
