"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."
"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.Watch this episode on or listen to the here."
The Ninth Circuit affirmed summary judgment for Paramount in the copyright suit over Top Gun: Maverick, rejecting claims tied to a 1983 magazine article titled "Top Guns." The court applied the extrinsic and intrinsic tests for substantial similarity and emphasized that historical facts and real events remain unprotected and free for use. The opinion distinguished protected expression from unprotectable ideas, facts, and genre conventions, requiring copying of original expressive elements for infringement. The decision clarifies protections for nonfiction adaptations, biopics, and projects inspired by true stories when relying on factual materials.
Read at The IP Law Blog
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