Screenwriter Sues Alexander Payne, Alleging 'The Holdovers' Plagiarized His 2013 Script

Key points

• Simon Stephenson sued Alexander Payne, screenwriter David Hemingson, producer Mark Johnson, Miramax, and Focus Features on Wednesday, alleging copyright infringement.
• The lawsuit claims 46 matched incidents between Stephenson's 2013 script 'Frisco' and 'The Holdovers,' arguing the latter used the former as a blueprint with only cosmetic changes.
• Stephenson's script 'Frisco,' written based on his pediatrician experience, ranked third on the Black List of unproduced screenplays.
• Payne read 'Frisco' in 2013 and 2019 but declined to produce or direct it, according to the complaint.
• Stephenson previously brought the issue to the Writers Guild of America in 2024 but was advised to seek legal counsel.
• Payne denied the allegations at the Sarajevo Film Festival, calling the claim 'the stupidest thing in the world.'

Background

This lawsuit follows a 2024 complaint by Stephenson to the Writers Guild of America, which could not adjudicate the matter. The case highlights ongoing tensions in Hollywood regarding copyright protection for unproduced screenplays and the burden of proof required to establish substantial similarity beyond general ideas. Payne has acknowledged drawing from the 1935 French film 'Merlusse,' but the lawsuit argues the specific architecture of 'The Holdovers' originates from 'Frisco.'

Why it matters

The case tests the legal boundaries of copyright infringement in screenwriting, particularly when a director has read an unproduced script before collaborating on a similar project. It may influence how studios and writers handle unproduced material and the standards for proving substantial similarity in court.

What to watch

The lawsuit seeks damages and an injunction against further distribution of 'The Holdovers.' The outcome will depend on whether courts find substantial similarity between the two scripts beyond general ideas, a high burden of proof for plaintiffs in such cases.