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Judge Rejects ‘Top Gun’ Copyright Claim From Author’s Heirs
A judge has found that "Top Gun: Maverick" does not infringe on the 1983 magazine article that inspired the original film.
“To the extent Plaintiffs contend that the Works are similar because they depict or describe fighter pilots landing on an aircraft carrier, being shot down while flying, and carousing at a bar, those are unprotected facts, familiar stock scenes, or scènes à faire,” the judge wrote. The plaintiffs called upon Henry Bean, a former adjunct professor and the screenwriter of thrillers including “Deep Cover” and “Basic Instinct 2,” who argued that both “Top Gun” films owe a tremendous literary debt to Yonay’s work. Craig opined that the article was an accurate and factual description of life at the Navy’s Top Gun school and the capabilities of fighter aircraft — thereby undermining its protection as a creative work.
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