Top Gun
Paramount/Courtesy Everett Collection
A supporting actor who appeared alongside Tom Cruise and Val Kilmer in the 1986 action drama Top Gun is now suing Paramount over the use of his likeness in the 2022 smash hit sequel Top Gun: Maverick.
Barry Tubb, who played Leonard “Wolfman” Wolfe in the 1986 movie filed the suit Wednesday in L.A. against the studio that released the nostalgic Top Gun: Maverick, which became the second-highest-grossing movie of 2022 at the worldwide box office. In the complaint, Tubb states that there was no stipulation in his contract to include his image in any potential sequel, which is what happened in a notable scene in Maverick.
Tubb is demanding a jury trial in the case.
The Maverick scene in question shows two characters coming upon an old photo from the era of the 1986 film that shows Iceman (Val Kilmer), Goose (Anthony Edwards), Maverick (Tom Cruise) and Tubb’s Wolfman.
“[The image is] a four-shot close-up, clearly establishing plaintiff,” the complaint states, adding. “[Tubb’s] likeness in the scene is essential in a way that is not incidental.” Tubb states in the legal filing that the image is in fact a behind-the-scenes shot that’s been altered; this change “destroyed any purported copyright” to the image of him.
No consent was sought by Paramount to use Tubb’s image for any purpose in Top Gun: Maverick, his suit alleges. It adds that in the contract he signed, Paramount did not contemplate the use of his likeness beyond the original Top Gun or to promote Top Gun: Maverick. The complaint points out that this film is “a sequel not contemplated at the time of the original contract and not released until 2022, almost four decades after the original Top Gun.”
Paramount’s conduct is “misleading and deceptive,” Tubb says in the suit, “by falsely and fraudulently representing that plaintiff is somehow affiliated” with the sequel. It’s unclear at this time what amount of compensation Tubb is seeking.
Paramount has not yet responded to The Hollywood Reporter‘s request for comment.