The Briefing by Weintraub Tobin

Top Gun Cleared for Takeoff: The Ninth Circuit Affirms Paramount’s Copyright Win

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The Ninth Circuit kicked off 2026 with a major copyright decision in the long-running Top Gun dispute, affirming summary judgment for Paramount in the lawsuit over Top Gun: Maverick. In this episode of The Briefing, Weintraub Tobin shareholders Scott Hervey and Tara Sattler break down the Ninth Circuit’s reasoning and why it matters for studios, writers, and anyone adapting real-world stories.

 

In this episode, they cover:

  • The background of the claim tied to the 1983 magazine article “Top Guns”
  • How the Ninth Circuit applied the extrinsic and intrinsic tests for substantial similarity
  • Why historical facts and real events remain free for all to use, even when dramatic
  • The court’s focus on “protected expression” versus unprotectable ideas, facts, and genre conventions
  • Key takeaways for nonfiction adaptations, biopics, and projects inspired by true stories

    • Tune in for a clear look at where copyright law draws the line between protected expression and real-world facts.

    ...more
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    The Briefing by Weintraub TobinBy Weintraub Tobin
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