Yonay Top Gun Lawsuit
Yonay Top Gun Lawsuit
Yonay Top Gun Lawsuit
1 PARTIES
2 6. Plaintiff Shosh Yonay is an individual and citizen of, and resides in,
3 Israel. Shosh Yonay is the widow and heir of the Author.
4 7. Plaintiff Yuval Yonay is an individual and citizen of, and resides in,
5 Israel. Yuval Yonay is the son and heir of the Author.
6 8. Upon information and belief, Defendant Paramount is a corporation
7 organized and existing under the laws of the State of Delaware, which has its
8 principal place of business in the County of Los Angeles, California.
9 JURISDICTION AND VENUE
10 9. This is a civil action for copyright infringement and injunctive relief
11 under the United States Copyright Act, 17 U.S.C. §§ 101 et seq. (hereinafter, “the
12 Copyright Act”) and for declaratory relief under the Declaratory Judgment Act,
13 18 U.S.C. § 2201.
14 10. This Court has original subject matter jurisdiction over the claims set
15 forth in this complaint pursuant to the Copyright Act, 17 U.S.C. § 101 et seq., 28
16 U.S.C. §§ 1331, 1332, and 1338(a), and the Declaratory Judgment Act, 28 U.S.C.
17 § 2201.
18 11. Upon information and belief, this Court has personal jurisdiction
19 over Paramount because it has its principal place of business in the State of
20 California and in this District, and because a substantial portion of the relevant
21 acts complained of herein occurred in the State of California and in this District.
22 12. Upon information and belief, venue is proper in this Court pursuant
23 to 28 U.S.C. § 1391(b)(1) because Paramount resides in this District, and pursuant
24 to 28 U.S.C. § 1391(b)(2), because a substantial part of the events giving rise to
25 this action occurred in this District.
26 STATUTORY BACKGROUND
27 13. The U.S. Copyright Act of 1976, 17 U.S.C. § 101 et seq. (the
28 “Copyright Act”), provides an author with the inalienable right to recapture the
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Case 2:22-cv-03846 Document 1 Filed 06/06/22 Page 4 of 15 Page ID #:4
1 focuses on the pilots (the “Top Guns”) and their personal experiences, singling
2 out two in particular, a hotshot pilot (“Yogi”) and his radio intercept officer
3 (“Possum”), as they are hammered into a team. It skillfully selects accounts of the
4 pilots’ personal lives and precise details of their “hops” (flight maneuvers) to
5 unlike the 1986 Film, does not qualify for the “prior derivative works exception”
6 to statutory termination, 17 U.S.C. § 203(b)(1), and thus infringes the copyright
7 owned by the Yonays.
8 36. Plaintiffs are informed and believe and based thereon allege that
9 Paramount was and is involved in the financing, production, and distribution of
10 the 2022 Sequel in the United States and is the film’s purported copyright holder.
11 37. Without a newly secured license, Paramount’s exploitation of the
12 2022 Sequel in the United States constitutes ongoing intentional infringement of
13 the Yonays’ copyright, including without limitation, their exclusive right to
14 “prepare derivative works based upon the copyrighted [W]ork,” 17 U.S.C. §
15 106(2), which Paramount had owned pursuant to the Grant, but lost on January
16 24, 2020, and willfully proceeded to exploit nonetheless.
17 38. Paramount was placed on clear notice of these issues on January 23,
18 2018 when the Yonays served Paramount with their statutory Notice of
19 Termination, effective January 24, 2020. On May 11, 2022, the Yonays sent
20 Paramount a cease-and-desist letter regarding the 2022 Sequel. On May 13, 2022,
21 Paramount responded in total denial of the fact that its 2022 Sequel was obviously
22 derivative of the Story. Paramount additionally argued that the 2022 Sequel was
23 “sufficiently completed” by January 24, 2020 (the effective termination date) in a
24 disingenuous attempt to bootstrap the 2022 Sequel into the “prior derivative works”
25 exception to termination, 17 U.S.C. § 203(b)(1).
26 39. Plaintiffs are informed and believe by Paramount’s conduct, and
27 based thereon allege that Paramount will continue to prepare, produce, copy,
28 distribute, exploit, and/or authorize others to prepare, produce, copy, distribute, or
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1 exploit the infringing 2022 Sequel and other derivative works which copy and
2 exploit the Story in violation of the Copyright Act.
3 ascertain their rights with respect to the 2022 Sequel and any future derivative
4 works based in whole or in part on the Story, and/or the 1986 Film.
5 copyright in the Story, in any manner, and (ii) enjoining Paramount, its officers,
6 agents, employees, licensees and assigns, and all persons acting in concert with it,
7 from engaging in or authorizing the production, reproduction, distribution, display
8 and/or exploitation of the infringing 2022 Sequel and ancillary products based
9 thereon, derived from the Story, without a new license from the Yonays;
10 5. For compensatory and consequential damages, according to proof in
11 an amount determined at trial, together with interest thereon as provided by law;
12 6. For an accounting and restitution to the Yonays of all gains, profits
13 and advantages Paramount has derived from its production, distribution, display
14 and exploitation of the infringing 2022 Sequel, ancillary exploitations based
15 thereon, and from its copyright infringement of the Story;
16 7. In the alternative to actual damages, for statutory damages pursuant
17 to 17 U.S.C. §504(c), which election the Yonays shall make prior to the rendering
18 of final judgment herein; and
19 8. For such other and further relief and remedies available under the
20 Copyright Act, 17 U.S.C. §§ 101 et seq., which the Court may deem just and
21 proper.
22 ON ALL CLAIMS FOR RELIEF
23 9. For the Yonays’ costs of suit;
24 10. For interest at the highest lawful rate on all sums awarded the Yonays
25 other than punitive damages;
26 11. For reasonable attorneys’ fees; and
27 12. For such other and further relief as the Court deems just and
28 appropriate.
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