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 See more +
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.
The Briefing from the IP Law Blog and The IP Law Blog are publications of Weintraub Tobin (www.weintraub.com). The Intellectual Property Law Blog provides insight in connection with copyrights, trademarks, patents, trade secrets, false advertising, licensing and promotions, and sweepstakes. The blog’s objective is to serve as a forum to discuss IP strategies that provide protection to businesses’ or persons’ intangible assets. The blog is for informational purposes only and does not constitute legal advice. See less -
