Screenwriter Simon Stephenson, who shares story credit on Pixar’s “Luca,” filed a federal copyright suit alleging “The Holdovers” copied his unproduced script “Frisco.” The claims are unproven.
“Luca” screenwriter Simon Stephenson has sued director Alexander Payne, Variety and TheWrap report. He alleges the Oscar-winning film “The Holdovers” was copied from his unproduced screenplay. The federal copyright suit was filed Wednesday, Oct. 28.
None of the claims have been tested in court. The defendants have not publicly responded to the new lawsuit.
Who is Simon Stephenson suing?
TheWrap reports the suit names Payne, “Holdovers” screenwriter David Hemingson, producer Mark Johnson, Miramax, Focus Features and Universal Home Entertainment.
Entertainment Weekly, as summarized by FilmoFilia, also lists Johnson’s Gran Via Productions and Honest Scholar as defendants. Variety says other unnamed corporate entities are included too. Stephenson seeks actual damages, legal fees and an order blocking further infringement, according to the EW report.
What does the lawsuit claim about The Holdovers?
The complaint alleges “The Holdovers” was built on “Frisco,” a script Stephenson wrote in 2012 and 2013. Variety reports the script ranked third on the 2013 Black List, an annual survey of Hollywood’s best unproduced screenplays.
According to the complaint, “Frisco” follows a dispirited hospital doctor stuck caring for a precocious teenage patient. The pair bond on a trip to San Francisco for a medical conference.
“The Defendants built their film using ‘Frisco’ as their blueprint,” the suit says, according to Variety. It also claims the script was “meticulously transposed” with “surface cosmetic details changed.”
TheWrap reports the complaint lays out the alleged swap this way:
A children’s hospital became a boarding school
A cynical pediatrician became a cynical teacher
A precocious patient became a precocious pupil
The suit claims “forty-six incidents correspond across the works, with 24 occurring in the same order,” according to TheWrap.
What specific similarities does Stephenson point to?
The Hollywood Reporter, as summarized by MickeyBlog, says the complaint flags a screenplay term. Both scripts allegedly use “Under Black,” an unusual twist on the standard “Over Black” direction.
The complaint also points to a medical conference. Entertainment Weekly, via FilmoFilia, reports that a May 2021 draft of “The Holdovers” had the student Angus traveling “for a medical conference.” Stephenson argues that line traces back to “Frisco.”
Did Alexander Payne read Frisco?
The complaint says yes, twice. According to Variety, Stephenson’s agents got Payne to read “Frisco” in 2013 and again in 2019, and Payne passed both times.
The suit quotes Payne’s producing partner telling the agent that Payne “did like it but was not interested in prod or directing it.”
Variety reports the suit alleges elements of “Frisco” reached “The Holdovers” through Payne’s input to Hemingson.
What has Payne said about the plagiarism claim?
No response to the new lawsuit has been reported from Payne, Focus Features, Miramax or the other defendants. FilmoFilia says Entertainment Weekly contacted their representatives.
Payne has dismissed the accusation before. Speaking at the Sarajevo Film Festival in August 2024, he called it “the stupidest thing in the world,” according to Film Stories. “I wish him well but there was just no merit to it,” he added.
Stephenson first took the claim to the Writers Guild of America in March 2024, Variety reports. The WGA said it could not decide the matter and referred him to a lawyer.
Payne has said the idea for “The Holdovers” grew out of “Merlusse,” a 1935 French film he saw at a festival, TheWrap reports. He hired Hemingson after reading a TV pilot Hemingson wrote with a similar setting.
What awards did The Holdovers win?
“The Holdovers” earned five Academy Award nominations, according to Focus Features:
Best Picture
Best Actor: Paul Giamatti
Best Supporting Actress: Da’Vine Joy Randolph
Best Original Screenplay: David Hemingson
Best Film Editing: Kevin Tent
Randolph won Best Supporting Actress at the Oscars on March 10, 2024. TheWrap says the film made about $46 million at the box office.
What else has Simon Stephenson written?
Stephenson is a Scottish screenwriter and novelist who drew on his past career as a pediatrician for “Frisco,” Variety reports. Besides his story credit on “Luca,” he wrote “The Electrical Life of Louis Wain.”
He also contributed additional material to “Paddington 2” and “Wonka.” Every claim in this suit remains an allegation until a court rules or the parties settle.
Article compiled and written by Kambrea Pratt (editor-in-chief), Derek Gibbs (beat editor) and the Pirates & Princesses newsroom. Pirates & Princesses is part of WebReef Media.
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Hat Tips:
Variety (Oct. 28), filing, defendants, complaint quotes, 2013 and 2019 reads, WGA history
TheWrap (Oct. 28), defendants, alleged parallels, incident count, Merlusse, box office
MickeyBlog (Oct. 29), Hollywood Reporter details on “Under Black”
The Hollywood Reporter, original complaint details via MickeyBlog
FilmoFilia, Entertainment Weekly details, relief sought, medical conference draft
Entertainment Weekly, defendants, draft line, outreach to defendants
Film Stories, Payne’s 2024 Sarajevo comments
Focus Features, Oscar nominations
ABC7, Randolph’s Oscar win
Wikipedia, Stephenson’s credits
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