The documents assert that using Barry Tubb’s image in “Top Gun: Maverick” was an intentional choice. His image definitely appears on-screen even though the lawsuit alleges Tubb was not informed that would happen, with Paramount not seeking permission or compensating the actor for the usage of this particular picture.
Additionally, Tubb claims that when he initially entered into a contract to appear in the first “Top Gun,” there was no way of knowing that his image could be used nearly 40 years later for a sequel. It continues, “This is to indicate that no sequel was contemplated by either PLAINTIFF or PARAMOUNT when the contract between them was entered into on June 5, 1985.” The assertion appears to be that Paramount had no right to use such an image without everyone in the photo agreeing to it, which Tubb says he did not.
The paperwork states that Tubb is seeking actual, punitive, and exemplary damages for the use of the image in “Top Gun: Maverick.” It remains to be seen how this will all play out and whether it’ll make it to trial. However, Tubb appears busy with other projects, too, as the documents state he’ll appear in a film coming out this year called “Daisy.”
