The exclusive right to copy and distribute a creative work, or a copyright, provides protection to its owner and that person’s original expression of an idea or thought. The film released on May 27, 2022, “Top Gun: Maverick”, has recently found itself involved in a copyright infringement lawsuit. The classic film “Top Gun,” featuring Tom Cruise in the starring role, is based on a magazine article written in 1983. The heirs of the author of the magazine article filed a lawsuit on June 6, 2022, in federal court in Los Angeles, California alleging copyright infringement.^[i] The heirs claim that Paramount Global’s rights to the original magazine story expired in 2022.^[ii]

What is a copyright?

A copyright is a form of intellectual property that secures “original works of authorship” once the creator has created a “tangible form of expression.”^[iii] A copyright is able to protect a wide variety of works, including photographs, musical compositions, books, plays, architectural renderings, and movies.^[iv] Once a creator composes the original work and creates a tangible item from it, that person become the creator and copyright owner. The United States law regarding copyrights awards the creator and copyright owner with exclusive rights to make copies of the work, display the work, and, important to the case at hand, assemble derivative works based upon the original work. The original owner of the copyright also carries the right to allow or authorize other individuals or companies to exercise the exclusive rights they hold. Lastly, the original owner and its heirs have the right to terminate granted rights after thirty-five years.

How is a copyright protected?

A copyright provides varying lengths of protection on original works, dependent on when an original work was authored. Currently, “works created on or after January 1, 1978, have a copyright term of the life of the author plus seventy years after the author’s death.”^[v] If the work has two creators, or is a joint work, the length of protection of the copyright is seventy years following the death of the last surviving creator. Lastly, for original works made anonymously, or under a fake name, the length of protection is ninety-five years from the date of publication or one-hundred and twenty years from creation. The length that is shorter of the two is controlling.

Who can use copyrights?

Every single day individuals use copyrighted material. When people listen to their favorite song, read an award-winning poem, or watch an Oscar winning film, they use copyrights. Therefore, if you are not the original owner of the work, you may still be able to use it. Additionally, one can purchase the licensing, or rights to use, for use of the work. Original works considered in the public domain, such as discoveries, well-known established facts, or works whose term of protection has ceased, are free to be used and do not require any additional licensing or purchasing. Any and all original works created before 1962 are considered part of the public domain.

Can you register a copyright?

Although a copyright comes into existence immediately once an original work becomes tangible or fixed, an owner can register the copyright with the United States Copyright Office. In order to register a copyright with the U.S. Copyright Office, an individual must submit an online application and a copy of the work to be registered that will not be returned. Registering a work as a copyright is required if one is to enforce the exclusive rights associated with the work by filing a lawsuit or other litigation. The registration of a copyright also assists owners of the original works with seeking attorney’s fees and monetary damages if active litigation should occur. Finally, registering a copyright with the U.S. Office of Copyright puts the public on notice of the copyrighted work and its protection.

What happened to Maverick?

The original film entitled “Top Gun” was based off a story in a magazine written by Ehud Yonay entitled “Top Guns.” According to the lawsuit, Paramount Global obtained the exclusive motion picture, or movie rights to the story immediately following its publication.^[vi] The original author’s widow and son filed the lawsuit against Paramount Global for copyright infringement since Paramount’s rights to the magazine story ended in 2020. The defendants in this case assert that the claims made by Mr. Yonay’s widow and son are meritless and false. The lawsuit further states that the Yonay family notified Paramount, and the U.S. Copyright Office, that they were terminating the studio’s rights beginning on January 24, 2020. Paramount Global appears to have ignored that notice and continued production on “Top Gun: Maverick.” Interestingly, Paramount Global did have an exclusive right between the time of the family’s notice in 2018 to the 2020 termination to apply for a new licensure. This new license would reflect how the market value of the original story in the magazine had increased.

Why is this lawsuit significant? 

This specific lawsuit is not the first time the creators of a famous movie have been sued for copyright infringement. Litigation regarding the occurrence of copyright infringement does occur concerning various types of works and can sometimes become a lucrative situation for the original copyright holder. If you, or any family members or friends, are looking for assistance with a copyright infringement case, or other types of intellectual property cases, and reside in the State of Tennessee, call Cole Law at 615-490-6020 to schedule a consultation with one of our Brentwood, Tennessee intellectual property attorneys.

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^[i] ‘Top Gun: Maverick’ Studio Paramount Is Sue Over Copyright, Wall Street Journal (June 6, 2022), available at https://www.wsj.com/articles/top-gun-maverick-studio-paramount-is-sued-over-copyright-11654557910.

^[ii] Id.

^[iii] “What is Copyright”, U.S. Copyright Office, available at https://www.copyright.gov/what-is-copyright/.

^[iv] Id.

^[v] Id.

^[vi] Supra note i.

The global esports industry has grown rapidly, from an underground movement to current events at Madison Square Garden. For those who may be unfamiliar with the term, esports is the world of competitive video gaming. No longer is it confined to the bedrooms of teenagers or the basement of parental homes. The newly popular industry now garners hundreds of millions of viewers each year and is estimated to bring in $2 billion in revenue in 2022. The industry has captured the attention of companies such as Amazon, NASCAR, and Mastercard, all of which committed themselves to sponsorship deals with various esports events in August 2021.^[i]

Here in Tennessee alone, the esports industry has already developed a foothold, and it is only getting stronger. Belong Gaming Arenas, a massive UK-based esports gaming company, is on a mission to open 500 arenas in the United States, with one recent opening in Franklin, Tennessee at Cool Springs Galleria – right across the interstate from our Cole Law Group office. Martyn Gibbs, CEO of Belong Gaming Arenas, expressed that “Nashville has developed an incredible gaming scene and we can’t wait to provide a home for the Middle Tennessee gaming community to continue growing.”

Belong’s Franklin Arena will also be home to an amateur local esports team, the Franklin Phantoms.^[ii] And Tennessee’s professional sports teams have already gotten their feet wet within the growing esports industry!

Nashville SC and the eMLS

For the past several years, Tennessee’s professional soccer team, Nashville SC, has participated in the eMLS Cup and recently signed their newest competitor, Joksan, to represent the club in the 2022 eMLS season.^[iii]

Memphis Grizzlies and Grizz Gaming

The Memphis Grizzlies have sponsored an NBA 2k esports team since December of 2017 called Grizz Gaming. Their growth and success have earned them sponsorship deals from FedEx, America’s Navy, HyperX, and Alienware.^[iv]

Filip Forsberg and the Nashville Predators

Inspired by the growth of esports around the world, the Nashville Predators joined the NHL in creating the NHL Player Gaming Challenge during the heigh of COVID-19. Filip Forsberg, a player for the Predators, took to the virtual head-to-head gaming challenge, representing his team both on the ice and on the controller.^[v] Forsberg is now also a brand ambassador for HyperX, a global gaming equipment company.

Tennessee Titans’ Guard Rodger Saffold Creates Esports Team

Esports in Tennessee has also caught the eye of Titans’ guard Rodger Saffold, who founded an esports team with business partner and pro gamer Kahreem Horsley. The team, named Rise, has recently undergone a rebranding and has expanded to include more pro gamers across more platforms. Safford hopes that his Titans’ fans will expand their support into his esports endeavors as well.^[vi]

Esports and Cole Law:  When It’s No Longer Just a Game

The legal implications behind esports closely mirror those of typical pro sports, where players and teams alike should seek legal backing for all matters pertaining to contracts and endorsements, intellectual property, image rights, and mergers and acquisitions.

As with any form of employment, players should seek legal counsel to ensure their rights are protected under employment contracts with the teams they agree to represent. As many young gamers are too overcome with excitement to ensure adequate protection in their contracts with teams and endorsement companies, the novelty of the esports industry has unfortunately resulted in stories of maltreatment and contractual nightmares.

Just like typical sports, esports players should seek legal advice for intellectual property concerns. Licensing issues arise regularly, and players, their teams, and the games they play all have IP rights that should be protected through legal counsel. Players should have influence over the use of their name, image, and likeness too, especially in endorsement deals, so hiring an attorney becomes a must-do.

Finally, although less common than issues with contracts and intellectual property, mergers and acquisitions will and do happen in esports, with teams buying other teams, teams acquiring new owners, leagues of various games joining to become one large esports league, etc. As with any purchase of assets, legal counsel is indisputably necessary to protect the interests of all parties involved and to ensure all legal formalities are followed.^[vii]

If you are new to the esports industry, or perhaps you are an existing player who now requires legal counsel, we will be happy to help you navigate the esports industry.  Call 615-490-6020 to consult with an esports attorney at Cole Law Group in Brentwood, TN.

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^[i] Where I See the Esports Industry Headed in 2022 and Beyond – Rolling Stone

^[ii] https://thebusinessofesports.com/2022/01/01/belong-gaming-arenas-now-open-at-coolsprings-galleria-in-franklin-tennessee/

^[iii] https://www.nashvillesc.com/news/nashville-soccer-club-signs-joksan-redona-as-the-club-newest-emls-athlete

^[iv] https://grizzgaming.nba.com/

^[v] https://predlines.com/2020/05/06/nashville-predators-filip-forsberg-virtual-sweep/

^[vi] https://www.espn.com/blog/tennessee-titans/post/_/id/29822/how-titans-rodger-saffold-became-an-esports-owner-and-whats-next

^[vii] http://thelegalgeeks.com/2015/09/03/the-intersection-of-esports-and-the-law/