When Inspiration and Distribution Are Put to the Test

This week’s stories sit at the intersection of creativity and commerce. One case asks how far a sequel can go before it crosses the line into infringement, while the other challenges how media giants bundle and sell access to content. Together, they show how courts are re‐examining old rules in a rapidly changing entertainment market.

Hi there,

This week’s stories highlight two legal battles that could reshape creative rights and how content is sold.

In the Top Gun case, a Ninth Circuit panel found that the 2022 sequel didn’t borrow enough from the original article to support a copyright claim. Even vivid storytelling, the court ruled, doesn’t make facts protectable — a decision critics say could weaken protections for nonfiction creators.

Meanwhile, in a bold antitrust move, Dish’s Sling TV is challenging Disney’s sports streaming bundles, claiming they hurt competition and force distributors into higher prices. As viewers push for à la carte options, this case could redefine how the streaming market works.

The Ninth Circuit upheld a lower court ruling that Top Gun: Maverick did not infringe on the 1983 article that inspired the original film. The judges said any similarities were either too general or based on unprotectable facts.

Despite the vivid writing in the article, the court emphasized that copyright doesn’t cover real-world information — only original expression. The decision has sparked concern among creators who rely on nonfiction storytelling.

Sling TV Challenges Disney’s Bundling Power

Dish’s Sling TV filed an antitrust suit accusing Disney of using bundling tactics to dominate the sports streaming market. At issue: whether Disney’s pricing structure unfairly pressures competitors and raises costs for consumers.

The lawsuit also claims Disney is pulling content and offering better terms to rivals. If successful, Sling’s case could set a precedent for how streaming giants package and price their content in the future.

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INDUSTRY NEWS

No copyright infringement in 'Top Gun' sequel, Ninth Circuit rules

A Ninth Circuit panel said the sequel was too different from the original article to support a copyright claim — even if it was inspired by it. The ruling reinforces the limits of protection for fact-based journalism.

Dish Sues Disney Over Sports Bundles and Antitrust Concerns

Sling TV says Disney’s new sports packages break the rules and crush competition. The lawsuit argues the bundling model forces higher prices and limits consumer choice.

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