Screenwriter Sues Alexander Payne Over 'The Holdovers' Plagiarism Claims

Key points

• Simon Stephenson, known for 'Luca' and 'Paddington 2', filed a lawsuit on October 28, 2026, accusing Alexander Payne and David Hemingson of copyright infringement.
• The suit alleges that Payne read Stephenson's 2013 script 'Frisco' in 2013 and 2019 before declining to produce it, yet later used 46 'matched incidents' from it in 'The Holdovers.'
• Defendants named in the lawsuit include producer Mark Johnson, Focus Features, Miramax, and production companies Gran Via Productions and Honest Scholar.
• Stephenson is seeking actual damages, legal fees, and an injunctive relief prohibiting further exploitation of 'The Holdovers.'
• The lawsuit highlights a specific line in the 'Holdovers' script about a 'medical conference' that was later removed, which Stephenson argues proves copying and subsequent concealment.

Background

This lawsuit follows a 2024 dispute where Stephenson initially brought his allegations to the Writers Guild of America, which advised him to seek legal counsel. The case is part of a broader trend in Hollywood copyright litigation, where courts are increasingly reluctant to dismiss claims early, though plaintiffs face a high burden of proof to establish substantial similarity beyond general ideas. 'The Holdovers' had previously received five Academy Award nominations, including one for best screenplay, and grossed approximately $46 million.

How outlets are covering it

Variety and A.V. Club emphasize Payne's previous denial of the allegations, noting that he cited the 1935 French film 'Merlusse' as his inspiration and called the claims 'the stupidest thing in the world.' Far Out Magazine focuses on the specific textual evidence cited in the lawsuit, such as the removed 'medical conference' line, and notes that Far Out had previously given 'The Holdovers' a glowing review. All sources agree on the core allegations of 46 matched incidents and the involvement of multiple corporate defendants, but differ in their emphasis on Payne's public response versus the legal specifics of the complaint.

Why it matters

This case tests the boundaries of copyright protection for unproduced screenplays in Hollywood, particularly when a high-profile director has previously read the work. It may set a precedent for how courts evaluate 'substantial similarity' in cases where general ideas are shared but specific incidents and dialogue are alleged to be copied. The outcome could impact how studios and producers handle unproduced scripts and the potential liability for using them in future projects.

What to watch

The case will proceed through federal litigation, where Stephenson must prove substantial similarity beyond general ideas. The defendants may argue that the similarities are coincidental or derived from other sources, such as 'Merlusse.' The court will decide whether to grant injunctive relief, which could halt further distribution of 'The Holdovers,' and determine damages if infringement is found.