Alexander Payne Faces ‘Holdovers’ Script Plagiarism Lawsuit
WHO:
Variety - Screenwriter Simon Stephenson sued director Alexander Payne over the script for *The Holdovers*.
The Hollywood Reporter - Stephenson, whose writing credits include *Luca*, *Paddington 2* and *The Electrical Life of Louis Wain*, accused Payne of copyright infringement.
The Hollywood Reporter - The lawsuit also names screenwriter David Hemingson, producer Mark Johnson, production companies Gran Via, Honest Scholar and Mirax, and distributors Focus Features and Universal Home Entertainment.
The Hollywood Reporter - Payne and Stephenson were represented by CAA at the time; Hemingson was represented by WME.
The Hollywood Reporter - Stephenson’s lawyer Julia Cherlow argued that the alleged repeated misuse of a writing term reflected a writer-specific habit.
WHAT:
The Hollywood Reporter - The lawsuit alleges that *The Holdovers*’ story-day card reads “Day 1 – December 18, 1970” and is introduced with “Under Black,” which Stephenson says is an incorrect, consistent usage particular to a writer.
The Hollywood Reporter - The complaint quotes a *The Holdovers* character asking for a hotel room because “I’m coming into the city for a medical conference.”
The Hollywood Reporter - The suit alleges that Payne and Hemingson may have borrowed the premise from the 1935 film *Merlusse* but took the screenplay’s architecture from *Frisco*.
The Hollywood Reporter - The article reports that copyright-infringement lawsuits have become more common, while cases brought by established talent remain rare; defense verdicts were returned last year in idea-theft cases involving M. Night Shyamalan’s *Servant* and Disney’s *Moana*.
Variety - Stephenson alleges *The Holdovers* was based on his unproduced screenplay *Frisco*, a drama set at a children’s hospital.
The Hollywood Reporter - Stephenson alleges Payne transposed major elements of *Frisco* into *The Holdovers*, making cosmetic changes to conceal copying. He seeks unspecified damages and a court order that would bar further exploitation of the film.
The Hollywood Reporter - The complaint says: “The defendants built their film using Frisco as their blueprint.”
The Hollywood Reporter - The stories both feature a curmudgeonly lead responsible for teenagers: a boarding-school teacher in *The Holdovers* and a pediatrician in *Frisco*.
The Hollywood Reporter - Stephenson cites *The Holdovers*’ story-day cards, introduced with “Under Black,” and an unexplained line about traveling to a medical conference. *Frisco*’s doctor travels to San Francisco to speak at a medical conference.
The Hollywood Reporter - The complaint also compares scenes in which each protagonist is reprimanded for wronging a politician: *The Holdovers*’ teacher failed a U.S. senator’s son; *Frisco*’s doctor called a U.S. congresswoman, the mother of a patient, a moron.
The Hollywood Reporter - *The Holdovers* received five Academy Award nominations, including best screenplay, and earned roughly $46 million at the box office. Focus Features bought it at the Toronto International Film Festival for an estimated $30 million; it is available on Netflix.
The Hollywood Reporter - Payne has said he drew on the 1935 French film *Merlusse* and asked Hemingson, who had written an unproduced school-set television pilot, to collaborate. The lawsuit alleges the film’s screenplay architecture came from *Frisco*.
WHERE:
The Hollywood Reporter - The lawsuit was filed in California federal court.
The Hollywood Reporter - *Frisco* was set at a children’s hospital; its protagonist travels to San Francisco. *The Holdovers* is set at a boarding school.
WHEN:
Variety - Stephenson brought his allegations to the Writers Guild of America in 2024.
The Hollywood Reporter - Stephenson alleges Payne read *Frisco* in 2013 and again in 2019, when it was submitted to him on behalf of Netflix.
The Hollywood Reporter - The WGA said it could not adjudicate the dispute because copyright claims were not arbitrable by the guild.
WHY:
The Hollywood Reporter - Stephenson argues that similarities in the plot, sequence of events, characters and specific writing details support his infringement claim; copyright law protects expression, not general ideas.
HOW:
The Hollywood Reporter - Stephenson’s representatives sent *Frisco* to Payne’s producing partner, Jim Burke. The complaint quotes Burke as saying Payne “did like it but was not interested in prod or directing it.” Later, the project was submitted to Payne on Netflix’s behalf.
The Hollywood Reporter - *Frisco* appeared on The Black List, which recognizes the year’s best unproduced screenplays.
(UPDATED October 29, 2026 05:59 UTC)
Screenwriter Simon Stephenson has sued director Alexander Payne and others in California federal court, alleging that *The Holdovers* copied his unproduced screenplay, *Frisco*. Stephenson says the films share major story elements and distinctive details, including a protagonist responsible for teenagers, a medical-conference trip and the phrase “Under Black”; he is seeking unspecified damages and an order barring further exploitation of the film. *The Holdovers* earned five Academy Award nominations and roughly $46 million at the box office, while Payne has said he drew inspiration from the 1935 film *Merlusse*.
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(UPDATED October 29, 2026 02:03 UTC)
Screenwriter Simon Stephenson has sued director Alexander Payne and others in California federal court, alleging that *The Holdovers* copied his unproduced screenplay *Frisco*. Stephenson says the stories share a curmudgeonly adult overseeing teenagers, along with specific plot points and writing details, and alleges Payne read *Frisco* in 2013 and again in 2019; the Writers Guild of America declined to resolve the dispute because copyright claims fell outside its authority. He is seeking unspecified damages and a court order to stop further exploitation of the film, which earned five Academy Award nominations and roughly $46 million at the box office; Payne has said he drew on the French film *Merlusse* and collaborated with screenwriter David Hemingson.