Paramount Pictures is embroiled in a legal battle with the heirs of Ehud Yonay, author of a 1983 magazine story that inspired the original 'Top Gun' film, over the blockbuster sequel 'Top Gun: Maverick'. Both parties are seeking a federal judge's ruling in their favor in this high-profile copyright lawsuit.

The dispute centers on the copyrightability of certain elements in Yonay’s article and their alleged use in 'Top Gun: Maverick'. Yonay's heirs, Shosh and Yuval, claim that the sequel includes scenes and plot devices detailed in the original story but absent from the first film. A notable example is a scene at a Navy base bar involving Tom Cruise's character, Maverick.

Paramount, however, argues that any similarities are coincidental, stemming from uncopyrightable facts gleaned through consultations with the Navy. 'Top Gun: Maverick' director Joseph Kosinski asserts that the disputed bar scene was inspired by his own experience at a Navy base, denying any influence from Yonay’s story.

The legal contention arose after the Yonays reclaimed the rights to the 'Top Guns' article under a U.S. copyright law provision, alleging that Paramount produced the sequel without a new license. Paramount counters this claim, asserting that the movie is based on uncopyrightable facts and that the Yonays are seeking an undue monopoly over stories related to the U.S. Navy's Top Gun program.

Paramount's defense emphasizes reliance on the Navy for script reviews, plot consultations, and technical accuracy, distancing itself from Yonay's article. The studio's lawyer, Molly Lens, argues that copyright law does not protect facts or ideas, nor does it grant exclusive rights to a subject based on prior authorship.

The Yonays, represented by attorney Marc Toberoff, counter that their claim hinges on the creative expression and arrangement of nonfiction content in Yonay’s story. They highlight the focus on personal backgrounds and characteristics of fighter pilots, which they argue is mirrored in the sequel.

The case's outcome may hinge on a comparison of plots, themes, characters, and other elements, following recent trends in the 9th U.S. Circuit Court of Appeals against premature dismissals in copyright lawsuits. The Yonays point out similarities between the story and sequel, absent in the original film, as evidence of the filmmakers drawing inspiration from the article.

Paramount maintains that any overlaps, such as risky aerial maneuvers and pilots' social lives, are factual elements not protected under copyright law.

U.S. District Judge Percy Anderson has allowed the lawsuit to proceed, noting sufficient alleged similarities to warrant further examination, potentially with expert testimony on cinematic techniques.