Who is Barry Tubb and what is his role in Top Gun?
Barry Tubb is an American actor and director, best known for playing Lieutenant Henry “Wolfman” Ruth in the 1986 action drama film Top Gun, directed by Tony Scott and produced by Don Simpson and Jerry Bruckheimer, with distribution by Paramount Pictures. The film stars Tom Cruise as Lieutenant Pete “Maverick” Mitchell, a young naval aviator aboard the aircraft carrier USS Enterprise. He and his radar intercept officer, Lieutenant (junior grade) Nick “Goose” Bradshaw (Anthony Edwards), are given the chance to train at the United States Navy’s Fighter Weapons School (Top Gun) at Naval Air Station Miramar in San Diego, California. Kelly McGillis, Val Kilmer and Tom Skerritt also appear in supporting roles.
Top Gun was released on May 16, 1986 and became a huge commercial hit, grossing $357 million globally against a production budget of $15 million. Top Gun was the highest-grossing domestic film of 1986 The film maintained its popularity over the years and earned an IMAX 3D re-release in 2013, while the retrospective critical reception became more positive.
Additionally, the soundtrack to the film has since become one of the most popular movie soundtracks to date, reaching 9× Platinum certification. The film won both an Academy Award and a Golden Globe for “Take My Breath Away” performed by Berlin In 2015, the United States Library of Congress selected the film for preservation in the National Film Registry, finding it “culturally, historically, or aesthetically significant”.
A sequel, Top Gun: Maverick, in which Cruise and Kilmer reprised their roles, was released 36 years later on May 27, 2022, and surpassed the original film both critically and commercially. The sequel is directed by Joseph Kosinski and written by Jim Cash, Jack Epps Jr. and Peter Craig. It follows Maverick’s return to the Top Gun program, where he must confront his past as he trains a group of younger pilots, among them the son of his deceased best friend Goose, Lieutenant Bradley “Rooster” Bradshaw (Miles Teller). Jennifer Connelly, Jon Hamm, Glen Powell, Lewis Pullman, Jay Ellis, Danny Ramirez, Monica Barbaro and Manny Jacinto also star in the film.
What is the lawsuit about and what are the allegations?
According to court documents, Barry Tubb filed a lawsuit against Paramount Pictures on February 21, 2024, in the Central District of California, for unauthorized use of his image in the film’s sequel, Top Gun: Maverick. Tubb claims that he contractually gave Paramount limited permission to use his image for various purposes, but only for Top Gun in 1986, not any sequels.
The lawsuit states that “the scope of that permission did not include the use of his image in the sequel, Top Gun: Maverick, which was released in May 2022 to a worldwide audience and became one of the highest grossing movies that year and its cumulative take will make it one of the highest grossing movies of all time”.
The lawsuit also alleges that the image of Tubb used in the sequel is not a still from the original film, but an altered image from a behind-the-scenes shot that “destroyed any purported copyright”. The image shows Tubb as Wolfman alongside Cruise as Maverick, Edwards as Goose and Kilmer as Iceman. The image was shown during the movie when Hangman (played by Glen Powell) and Coyote (portrayed by Greg Tarzan Davis) found out that Rooster Bradshaw (played by Miles Teller) is the son of the late Goose.
The lawsuit argues that “this remains a four-shot close-up clearly establishing (Tubb). (Barry Tubb’s) likeness in the scene is essential in a way that is not incidental. The image of (Barry Tubb) is used in a four-shot equal close-up with Maverick, Goose, and Iceman—all top-billed characters in the original Top Gun”.
The lawsuit further claims that Paramount “never sought consent or authority to use plaintiff’s image for any purpose in Top Gun: Maverick and the original contract signed by plaintiff and Paramount did not contemplate use of his image beyond the original Top Gun or in promotions related to Top Gun: Maverick”.
The lawsuit also accuses Paramount of “misleading and deceptive” conduct by “falsely and fraudulently representing that plaintiff is somehow affiliated with Top Gun: Maverick”.
What are the demands and the reactions?
Barry Tubb is demanding a jury trial and for Paramount to pay him no less than $75,000 in damages, court records show.
Barry Tubb’s attorney, Dennis Postiglione, told USA TODAY in an email that his client “does not wish to comment beyond what’s stated in the lawsuit”. He added that “he’s confident that the legal system will produce a just result in his case”.
Paramount Pictures did not immediately respond to requests for comment from various media outlets.
The lawsuit has sparked mixed reactions from fans and critics of the Top Gun franchise. Some have expressed support for Tubb and his right to protect his image and likeness, while others have criticized him for being greedy and opportunistic. Some have also questioned the timing and the validity of the lawsuit, given that the sequel was released almost two years ago and that Barry Tubb’s image was only briefly shown in the film.
What are the implications and the expectations?
The lawsuit is one of the latest examples of the legal and ethical issues surrounding the use of actors’ images and likenesses in films and other media, especially in the age of digital technology and deepfakes. The lawsuit also raises questions about the rights and responsibilities of filmmakers and studios when it comes to honoring the original contracts and the wishes of the actors who participated in their projects.
The outcome of the lawsuit could have significant implications for the future of the Top Gun franchise and other similar films that rely on nostalgia and fan service. It could also set a precedent for other actors who may feel that their images and likenesses have been used without their consent or compensation in sequels, remakes, reboots or adaptations of their previous works.
The lawsuit is expected to be a lengthy and complex process, as both parties will have to present evidence and arguments to support their claims and counterclaims. It is unclear how long the lawsuit will take or what the final verdict will be. However, it is likely that the lawsuit will generate more attention and controversy for the Top Gun franchise and its stars, both old and new.
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