Barry Tubb played the role of Wolfman in the original 'Top Gun' movie
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Barry Tubb appeared in the 1986 blockbuster "Top Gun," but he didn't act in the 2022 sequel, "Top Gun: Maverick."
Now, Tubb is suing Paramount Pictures, the production company behind both films, for using a behind-the-scenes image of him from the first film in the later release. According to court documents obtained by Fox News Digital, Tubb is seeking unspecified damages for the unauthorized use of his likeness.
In the case, filed Wednesday, Tubb's lawyers said that when the actor played the role of Lt. j.g. Henry "Wolfman" Ruth in "Top Gun," he signed a contract agreeing for his likeness to be used only in the original film.
A behind-the-scenes photo from "Top Gun" that appeared in "Top Gun: Maverick," and the subject of Barry Tubb's lawsuit. (Courtesy of U.S. District Court - Central District of California)
Barry Tubb played Wolfman in "Top Gun." (CBS via Getty Images)
At the time, "movie sequels were virtually nonexistent," so the possibility of expanding the contract to include the use of his image in any future projects wasn't discussed. Despite that fact, the documents state Paramount used the image "without seeking his permission and without compensation."
The image in question is a photo of the fictional Top Gun Class of 1986, along with U.S. Navy pilots who acted as consultants during filming. It was altered to be used in the movie.
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In the scene in "Top Gun: Maverick," the camera zooms in on the photo to show Tubb with Tom Cruise, Val Kilmer and Anthony Edwards, the other principal members of the cast. According to Tubb's case, his likeness used in that scene "is essential in a way that is not incidental."
Val Kilmer, who played Iceman, and Barry Tubb, who played Wolfman, in the film, introduce a special screening of "Top Gun" at Camp Mabry on Sept. 1, 2019, in Austin, Texas. (Gary Miller/Getty Images)
The argument is that Paramount used Tubb's image for commercial gain – the documents note that "Top Gun: Maverick" was massively successful at the box office – without asking him or offering him compensation. His legal team also argues that his right to privacy was violated.
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The court documents claim that a third party doesn't own the copyright to the photo used in the film, but that Tubb does own his own image. Still, Paramount used it "for purely selfserving commercial purposes and their own business interests." The documents also call the company "an unapologetic, chronic, and habitual infringer."
The movie "Top Gun", directed by Tony Scott and released in 1986, starred Anthony Edwards as Lt. Nick "Goose" Bradshaw and Tom Cruise as Lt. Pete "Maverick" Mitchell. (CBS via Getty Images)
Val Kilmer and Tom Cruise in "Top Gun." (Paramount Pictures/Sunset Boulevard/Corbis via Getty Images)
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It's also suggested that Paramount "upon information and belief" reached out to other actors for permission for "similar appearances" in the movie.
Tubb wants the amount for the damages to be determined in court, but his lawyers state that the amount shouldn't be anything less than $75,000.
Paramount Pictures didn't immediately return Fox News Digital's request for comment. Tubb's lawyers shared that the actor isn't interested in making a public statement, but, "He believes the lawsuit and the exhibits speak for him. He's disappointed that it had to come to this, but trusts that the legal process will produce a just result."
Emily Trainham is an entertainment editor for Fox News Digital.
