Alexander Payne Sued for Plagiarism Over ‘The Holdovers’ by Writer

Key Points:

• Screenwriter Simon Stephenson has filed a copyright infringement lawsuit against director Alexander Payne, alleging that Payne copied major elements from Stephenson's unproduced screenplay "Frisco" in creating the Oscar-nominated film "The Holdovers."
• Stephenson claims Payne read "Frisco" in 2013 and 2019 before developing "The Holdovers," and that the two screenplays share significant similarities in plot, character traits, and unique writing quirks, which Stephenson argues go beyond general ideas protected by copyright law.
• The lawsuit names Payne, co-writer David Hemingson, producer Mark Johnson, production companies, and distributors, seeking damages and a court order to prevent further exploitation of "The Holdovers."
• Payne has acknowledged drawing inspiration from the 1935 French film "Merlusse" and collaborating with Hemingson on the screenplay, but Stephenson contends that the core structure and elements originated from his script "Frisco."
• The case highlights a broader trend of increased copyright infringement claims in Hollywood, though such lawsuits rarely succeed, with courts emphasizing the high standard needed to prove substantial similarity and infringement.