Barry Tubb appeared in the 1986 hit Top Gun, but did not appear in the 2022 sequel Top Gun: Maverick.
Tabb is currently suing Paramount Pictures, the production company behind both films, for using behind-the-scenes images from the first film in later releases. According to court documents obtained by Fox News Digital, Mr. Tabb is seeking unspecified damages for the unauthorized use of his likeness.
In the lawsuit, filed Wednesday, Tubb’s lawyers argue that when Tubb played the role of Lieutenant Henry “Wolfman” Luce in “Top Gun,” his likeness could only be used in the original film. He said he had signed a contract agreeing to the.
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Behind-the-scenes photos from Top Gun, which appeared in Top Gun: Maverick and was the subject of Barry Tubb’s lawsuit. (Courtesy of the United States District Court for the Central District of California)
Barry Tubb played Wolfman in “Top Gun.” (via CBS, Getty Images)
At the time, “film sequels were virtually non-existent”, so the possibility of expanding the deal to include the use of his image in future projects was not discussed. Nevertheless, the document states that Paramount used the images “without requesting permission or compensation.”
The image in question is a photo of the fictional Top Gun class from 1986 and the U.S. Navy pilots who served as consultants during the filming. It was modified for use in the film.
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In a scene from “Top Gun: Maverick,” the camera zooms in on the photo to show Tubb with Tom Cruise, Val Kilmer, Anthony Edwards and other main cast members. In Tabb’s case, the portrait of him used in that scene is “essential in the sense that it is not coincidental.”
Val Kilmer, who played Iceman, and Barry Tubb, who played Wolfman in the film, introduce a special screening of Top Gun held at Camp Mabry in Austin, Texas on September 1, 2019. . (Gary Miller/Getty Images)
The argument is that Paramount used the tab images for commercial gain – the document states: “Top Gun: Maverick” Without asking him or offering him any compensation, it became a huge success at the box office. His lawyers also argue that his right to privacy was violated.
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In court documents, Mr. Tabb claims he owns the images, even though no third party owns the copyright to the photos used in the film. Still, Paramount used it “purely for selfish commercial purposes and its own business interests.” The document also calls the company an “unapologetic, chronic and repeat infringer.”
Tony Scott’s 1986 film “Top Gun” stars Anthony Edwards as Lieutenant Nick “Goose” Bradshaw and Tom Cruise as Lieutenant Pete “Maverick” Mitchell. (via CBS, Getty Images)
Val Kilmer and Tom Cruise in “Top Gun.” (Paramount Pictures/Sunset Boulevard/Corbis via Getty Images)
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It has also been suggested that Paramount “on information and belief” sought permission from other actors for “similar appearances” in the film.
Mr. Tabb wants the amount of damages to be determined in court, but his lawyer says the amount should not be less than $75,000.
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Paramount Pictures did not immediately respond to Fox News Digital’s request for comment. Mr. Tabb’s attorneys said that although Mr. Tabb does not wish to make a public statement, “he believes the lawsuit and exhibits represent his feelings.” “We are disappointed in what happened, but we believe that the legal process will lead to a fair verdict.” result. “
