Jack Epps Jr., Screenwriting, & Copyright

“We wrote it for Tom … he just represents that Navy enthusiastic guy,” Jack Epps Jr. said, referring to Tom Cruise, telling us why he was the perfect actor for Maverick in “Top Gun.”

Jack Epps Jr.

Jack Epps Jr. is a highly accomplished screenwriter whose films have maintained their cultural relevance for decades. He is most well-known for co-writing with Jim Cash the screenplay for the blockbuster film "Top Gun," which achieved the #1 position in the domestic box office in 1986 (Box Office Mojo).  Mr. Epps told us that he was surprised at how successful Top Gun was:

 Mr. Epps and Mr. Cash wrote scripts for movies that starred several legendary actors including Robert Redford, Debra Winger, Tom Cruise, Michael J. Fox, Tom Hanks, Warren Beatty, and Madonna. He also worked with motion picture executives such as Ivan Reitman, Jerry Breckheimer, and Tony Scott (USC Cinematic Arts). Mr. Epps’s most successful movies other than Top Gun included: 

  • “Legal Eagles” (1986)

  • "The Secret of My Success" (1987)

  • "Turner & Hooch" (1989)

  • “Dick Tracy” (1990)

He also contributed substantial script revisions to popular films such as “Sister Act” (1992) and “Die Hard III” (1995).

Mr. Epps is currently a professor at the University of Southern California's School of Cinematic Arts (USC Cinematic Arts). Mr. Epps has also authored a screenwriting book entitled “Screenwriting is Rewriting: The Art and Craft of Professional Revision.”

Writing “Top Gun”

Mr. Epps and Mr. Cash did extensive research in preparation for writing the Top Gun script, including Mr. Epps visiting and training at the Top Gun school at the Naval Air Station Miramar. During this research, Mr. Epps met with Airmen and other military personnel whose stories inspired the characters and writing of Top Gun.

Photo courtesy of Jack Epps Jr.

We asked Mr. Epps about the friendship between Maverick and Goose, and why he and Mr. Cash choose to include that dynamic in the script:

Copyright Law

Screenwriters must understand copyright law because the scripts are copyrightable works. U.S. copyright law establishes six exclusive rights for copyright owners: the right to reproduce the work, the right to make derivative works, the right to distribute the work, the right to publicly perform the work, the right to publicly display it, and the right to publicly perform digitally (such as via a sound recording). Each of these exclusive rights potentially impacts the making of a film or television show, particularly the right to make derivative works.¹

Screenwriting

There are two primary types of screenwriters who write television shows and films. One type is writing on assignment or work-for-hire. Studios hire these writers to write a screenplay for a film or television show. They do not own the copyrights to the screenplay because the idea for the show or film is not theirs. “Spec” [speculative] screenplay writing for television and film is the other type of writing. Spec writers write a screenplay based on their original idea and pitch it to studios, hoping the studios will “option” it and use it to make a film. Unlike work-for-hire writers, spec writers own the copyright to their screenplay.  Mr. Epps explained the optioning process to us:  

In the opening credits of “Top Gun,” Mr. Epps is credited with writing the screenplay, and in the opening credits of “Top Gun: Maverick,” he is given credit for the characters, specifically, the “based on characters created by” credit. Mr. Epps explained why and how he received those credits.

To understand the legal aspects of creating movies like “Top Gun” and “Top Gun: Maverick,” we turned to Lauren Simmonds, Principal Counsel for Intellectual Property at Netflix. She reviews the chain of title (defined below) for future projects Netflix may create. She advises Netflix on copyright issues regarding acquiring, protecting, and terminating rights. Her role is crucial to Netflix when creating content for people to watch.

Ms. Simmonds described her responsibilities at Netflix including chain of title review and which types of projects are high or low risk from a copyright standpoint.

Sequels

Sequels can be challenging from a legal review perspective when more time passes after the release of the original film or show. Ms. Simmonds explained why sequels made earlier are better for studios (including the “35-year rule” which is established in Section 203 of the Copyright Act and permits authors to terminate grants after 35 years):

Chain of Title

Chain of title is “the sequence of historical transfers of title to a property. The chain runs from the present owner back to the original owner [of intellectual property, like copyrights].” (“Copyright And Chain Of Title”, 2021). An important part of chain of title review is determining whether the new film is a derivative of a prior copyrighted work. Ms. Simmonds further explained chain of title and the review process.

Chain of title review is a crucial part of creating movies and shows because, without it, a studio can get into a situation similar to Warner Brothers and the intellectual property of “The Dukes of Hazzard.” Warner Brothers was sued for copyright infringement before their release of “The Dukes of Hazzard” movie in 2005 because the claimant (Jerry Rushing) claimed the movie was based in part on his own life and sought to stop the release of the movie. The 1975 movie “Moonrunners” was based in part on Rushing’s life story, as was the Dukes of Hazzard television show. To avoid postponement of the release of the 2005, movie Warner Brothers settled this case with Rushing for $17.5 million. Ms. Simmonds describes this as the “worst-case scenario” of a flawed chain of title review.

Endnote

1. “Top Gun: Maverick” is based on characters from the original “Top Gun” movie. “Top Gun” was inspired by the article “Top Guns” published in California Magazine in May 1983. There is ongoing litigation regarding “Top Gun: Maverick.” Paramount Pictures was granted a license to develop a movie inspired by the article, created “Top Gun” and acknowledged the article author in the film credits. The litigation concerns whether or not the license granted to Paramount Pictures expired before “Top Gun: Maverick” finished production.

References

The Copyright Society. (n.d.). Lauren Simmonds. The Copyright Society. Retrieved November 15, 2023, from https://copyrightsociety.org/bio/lauren-simmonds/ 

Golden Way Media Films. (2021, October 12). Copyright And Chain Of Title In Film And TV Production. Golden Way Media Films. Retrieved November 15, 2023, from https://www.goldenwaymediafilms.com/copyright-and-chain-of-title-in-film-and-tv-production/ 

Horn, C. (2007, February 2). Rushing v. Time Warner, Inc., 3:05CV474-H. Casetext. Retrieved November 15, 2023, from https://casetext.com/case/rushing-v-time-warner 

Kench, S. (2022, July 24). What is a Spec Script — Definition, Examples and Writing Tips. StudioBinder. Retrieved November 15, 2023, from https://www.studiobinder.com/blog/what-is-a-spec-script-definition/ 

Section 203 of the Copyright Act, https://www.law.cornell.edu/uscode/text/17/203 

Tinch, J. G. (2023, November 3). Copyright Lawsuit Trails "Top Gun: Maverick". Tinch Law. Retrieved November 15, 2023, from https://www.tinchlawmd.com/resources/copyright-lawsuit-trails-top-gun-maverick-release 

University of Southern California School of Cinematic Arts. (n.d.). School of Cinematic Arts Directory Profile. USC Cinematic Arts | School of Cinematic Arts Directory Profile. Retrieved November 15, 2023, from https://cinema.usc.edu/directories/profile.cfm?id=6498&first=Jack 

IMDb. (n.d.). Jack Epps Jr. | Writer, camera and Electrical Department, producer. https://www.imdb.com/name/nm0258390/    

Domestic box office for 1986. Box Office Mojo. (n.d.). https://www.boxofficemojo.com/year/1986/