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Barry Tubb appeared in the 1986 blockbuster “Top Gun,” but did not star 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 subsequent release. According to court documents obtained by Fox News Digital, Tubb is seeking unspecified damages for the unauthorized use of his image.

In the case, filed Wednesday, Tubb’s attorneys said that when the actor played the role of Lt. J.G. Henry “Wolfman” Ruth in “Top Gun,” he signed a contract agreeing that his likeness would be used only in the original film.

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A behind the scenes photo of "Top gun"

A behind-the-scenes photo of “Top Gun” that appeared in “Top Gun: Maverick” and the subject of the Barry Tubb lawsuit. (Courtesy of the US District Court – Central District of California)

A photo of Barry Tubb in "Top gun"

Barry Tubb played the Wolfman in “Top Gun.” (CBS via Getty Images)

At that time, “film sequels were practically non-existent,” so there was no talk of the possibility of extending the contract to include the use of his image in future projects. Despite that fact, the documents claim Paramount used the image “without asking his permission and without compensation.”

The image in question is a photograph of the fictional Top Gun class from 1986, along with the US Navy pilots who acted as consultants during filming. It was modified to be used in the film.

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In the “Top Gun: Maverick” scene, the camera zooms in on the photo to show Tubb with Tom Cruise, Val Kilmer and Anthony Edwards, the other main cast members. According to Tubb’s case, the image of him used in that scene “is essential in a way that is not incidental.”

A photo of Barry Tubb, Val Kilmer

Val Kilmer, who played Iceman, and Barry Tubb, who played Wolfman, in the film, host a special screening of “Top Gun” at Camp Mabry on September 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 a huge box office success) without asking him or offering him compensation. His legal team also argues that his right to privacy was violated.

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Court documents state that a third party does not own the copyright to the photograph used in the film, but that Tubb does own his own image. Still, Paramount used it “for purely selfish commercial purposes and for its own commercial interests.” The documents also call the company “a habitual, chronic and remorseless offender.”

Image from the movie Top Gun

The film “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)

Tom Cruise Val Kilmer in scene from the movie 'Top Gun'

Val Kilmer and Tom Cruise in “Top Gun.” (Paramount Pictures/Sunset Boulevard/Corbis via Getty Images)

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It is also suggested that Paramount “based on information and belief” approached other actors for permission for “similar appearances” in the film.

Tubb wants the amount of compensation to be determined in court, but his lawyers say the amount should not be less than $75,000.

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Paramount Pictures did not immediately respond to Fox News Digital’s request for comment. Tubb’s attorneys shared that the actor is not interested in making a public statement, but “he believes the lawsuit and the evidence speak for him. He is disappointed that it had to come to this, but is confident that the legal process will produce a fair solution.” result.”

By Sam