Luca screenwriter Simon Stephenson sues Alexander Payne over The Holdovers

Left · 2Simon Stephenson, a screenwriter whose credits include Luca, Paddington 2 and The Electrical Life of Louis Wain, sued director Alexander Payne for copyright infringement on Wednesday 28 October in California federal court. 1 2 Left · 2He alleges that the Oscar-winning film The Holdovers was based on his unproduced screenplay "Frisco", about a dispirited pediatrician who is stuck looking after a teenage patient. 2 1 Left · 1The suit names Payne, Holdovers screenwriter David Hemingson, producer Mark Johnson, several production companies, and distributors including Focus Features. Stephenson seeks unspecified damages and a court order that, if granted, would bar further exploitation of the film. 1

Left · 2According to the complaint, Stephenson's agents got Payne to read "Frisco" in 2013 and again in 2019, when it was submitted to him on behalf of Netflix. Payne's producing partner Jim Burke reportedly said Payne "did like it but was not interested in prod or directing it". Stephenson claims Payne later approached Hemingson about collaborating on The Holdovers. 1 2 Left · 2The complaint says the structure and incidents of "Frisco" were "meticulously transposed" into the film with "surface cosmetic details changed", and counts 46 "matched incidents" between the two scripts, according to Variety. The Hollywood Reporter adds that the complaint points to a shared writing quirk (day cards introduced with "Under Black" instead of "Over Black"). It also cites an unexplained "medical conference" line in The Holdovers that matches a pivotal element of "Frisco", and similar scenes in which the protagonist is dressed down for wronging a politician. 2 1 Left · 2Both screenplays centre on curmudgeonly protagonists looking after teenagers, and "Frisco" was on the Black List of best unproduced screenplays, ranked third by Variety's account. The complaint argues that Payne and Hemingson may have borrowed the premise from the 1935 French film Merlusse, but took the architecture of their screenplay from "Frisco". Payne has said in interviews that Merlusse was an inspiration. 1 2

Left · 2Stephenson took the dispute to the Writers Guild of America in 2024, around the eve of the Academy Awards. The guild determined it was the wrong forum, because it cannot arbitrate copyright claims. Payne later denied the allegations at the Sarajevo Film Festival, calling the claim "the stupidest thing in the world". 2 1 Left · 1The Holdovers was nominated for five Academy Awards in 2024, including best screenplay, grossed roughly $46 million, and is available on Netflix. The Hollywood Reporter notes that copyright law protects specific expression rather than general ideas, and that although appeals courts have recently been more receptive to letting such suits proceed, winning before a jury remains very hard. 1