Actor Barry Tubb, known for his role in the 1986 hit “Top Gun,” has taken legal action against Paramount Pictures, the studio responsible for both the original film and its 2022 sequel, “Top Gun: Maverick,” alleging that Paramount unlawfully used a behind-the-scenes image of him from the first movie in the later installment, without his consent and compensation.
According to Mr. Tubb’s legal team, when the actor portrayed Lt. J.G. Henry “Wolfman” Ruth in the original “Top Gun,” he had signed a contract permitting the use of his likeness solely for that film. Given the rarity of movie sequels at the time, there was no discussion about extending the agreement to cover any future projects. Nonetheless, Paramount allegedly utilized the image of Mr. Tubb from the original film in “Top Gun: Maverick” without his permission, a move that Mr. Tubb contends was essential to the scene and not merely incidental.
The disputed image features Mr. Tubb alongside principal cast members Tom Cruise, Val Kilmer, and Anthony Edwards, as part of the fictional Top Gun Class of 1986. Mr. Tubb asserts that Paramount’s use of his likeness in this manner amounts to commercial exploitation, particularly considering the success of “Top Gun: Maverick” at the box office. Furthermore, Mr. Tubb’s legal team argues that his privacy rights were infringed upon by Paramount’s actions.
Although the court documents indicate that Mr. Tubb owns the rights to his own image, they assert that Paramount utilized it for its commercial gain without his consent, branding the studio as an unapologetic infringer. Additionally, it is suggested that Paramount may have sought permission from other actors for similar uses of their likenesses in the sequel.
Mr. Tubb is seeking damages to be determined by the court, with his legal team proposing a minimum of $75,000. Despite his reluctance to make a public statement, Mr. Tubb’s attorneys convey his disappointment with the situation and his trust in the legal process to deliver a just outcome.
The right of publicity, which varies across states, safeguards individuals’ control over the commercial use of their identity. In California, for instance, the right is enshrined in Cal. Civ. Code § 3344, holding liable anyone who utilizes another’s likeness without consent. Precedents like White v. Samsung Electronics America, Inc. affirm the need for consent, appropriateness of use, and resulting damages in such cases.
Legal battles like actress and singer Lindsay Lohan’s lawsuit against the creators of the videogame “Grand Theft Auto V” highlight the complexities of this right. Ms. Lohan alleged unauthorized use of her likeness in the game’s character Lacey Jonas, emphasizing the potential commercial exploitation of her fame. The court declined to side with Ms. Lohan. Similarly, former Panamanian dictator Manuel Noriega’s case against Activision Blizzard underscored debates over the portrayal of public figures in media and their right to control their image. Mr. Noriega sued the game company in 2014 over his likeness in “Call of Duty: Black Ops II.” The case against Activision Blizzard was dismissed by a Los Angeles judge.
