Legal Framework: Extrinsic and Intrinsic Tests

The Ninth Circuit kicked off 2026 with a major copyright decision in the long-running Top Gun dispute, affirming summary judgment for Paramount in the lawsuit over Top Gun: Maverick. In this episode of The Briefing, Weintraub Tobin shareholders Scott Hervey and Tara Sattler break down the Ninth Circuit’s reasoning and why it matters for studios, writers, and anyone adapting real-world stories.

In this episode, they cover:

• The background of the claim tied to the 1983 magazine article “Top Guns”
• How the Ninth Circuit applied the extrinsic and intrinsic tests for substantial similarity
• Why historical facts and real events remain free for all to use, even when dramatic
• The court’s focus on “protected expression” versus unprotectable ideas, facts, and genre conventions
• Key takeaways for nonfiction adaptations, biopics, and projects inspired by true stories

Tune in for a clear look at where copyright law draws the line between protected expression and real-world facts.