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Barry Tubb feels the need, the need to beg.
Tubb, who played naval aviator Henry “Wolfman” Ruth in the 1986 box office hit “Top Gun,” is suing Paramount Pictures for the unauthorized use of his likeness in the franchise’s 2022 sequel, “Top Gun: “Maverick.”
In the sequel, Tubb appears in a photograph from the fictional 1986 Top Gun class that reveals that “Maverick” star Bradley “Rooster” Bradshaw (Miles Teller) is the son of the late Nick “Goose” Bradshaw (Anthony Edwards). ) from the first movie.
Tubb states that Paramount’s use of his image in this scene is “essential in a way that is not incidental.” However, the production company did not consult him or compensate him.
According to the lawsuit, which was filed on February 21 in the Court for the Central District of California and reviewed by The Times, “plaintiff never agreed to Paramount using his image, likeness and/or identity in the film ‘Top Gun: Maverick ‘. Therefore, Paramount’s conduct is misleading and deceptive in falsely and fraudulently representing that plaintiff is in any way affiliated with ‘Top Gun: Maverick’; he was hired to act in ‘Top Gun: Maverick’; or was hired to promote, advertise, market or endorse ‘Top Gun: Maverick’ on behalf of Paramount.”
By “intentionally misappropriating” Tubb’s likeness, Paramount has “completely deprived plaintiff of the right and ability to negotiate the price of the use of his likeness or, ultimately, to say ‘no’ to its use,” the lawsuit says.
The complaint adds that at the time of the original film’s release, “the film’s sequels were virtually nonexistent. This is to indicate that neither the plaintiff nor Paramount contemplated any sequel when the contract between them was entered into on June 5, 1985.”
According to Tubb, the photo that appears in the sequel is actually an altered version of a behind-the-scenes shot of the original actors, voiding any copyright claims.
Nonetheless, Paramount used it for “self-serving commercial purposes and its own business interests,” court documents stated, calling the company “a habitual, chronic and remorseless infringer.”
They also suggested “based on information and belief” that other actors were consulted about “similar appearances” before the film’s release.
Tubb is seeking unspecified compensatory and punitive damages, which his attorneys say should be no less than $75,000, and is demanding a jury trial.
Fox News reported that Tubb was not interested in making a public statement; His attorneys said Tubb “believes that the lawsuit and the evidence speak for him. “He is disappointed that it has had to come to this point, but he is confident that the legal process will produce a fair result.”
At the beginning of this year, disk reported that a third “Top Gun” movie was being prepared, with the hollywood reporter confirming that Tom Cruise is set to reprise his role as Pete “Maverick” Mitchell.
“Top Gun: Maverick,” which was released in May 2022, was nominated for best picture at the 2023 Oscars and grossed $1.496 million worldwide, making it the fifth highest-grossing film of all time.