Alexander Payne sued over The Holdovers plagiarism accusations

Two years after making accusations, Luca screenwriter Simon Stephenson has launched a copyright infringement suit against Payne and screenwriter Daniel Hemingson.

Alexander Payne sued over The Holdovers plagiarism accusations

Two years ago—and just a day before the film was set to compete in several categories, including Best Original Screenplay, at the 96th Academy Awards—Alexander Payne’s film The Holdovers was hit with accusations of plagiarism from Luca screenwriter Simon Stephenson. Stephenson’s claims, i.e., that David Hemingson’s script for Payne’s movie used as its “blueprint” Stephenson’s own Black List script Frisco—which the writer says Payne read on multiple occasions between 2013 and 2019—have now progressed into litigation. THR reports that Payne, Hemingson, producer Mark Johnson, production outfits Gran Via, Honest Scholar, and Miramax, and distributors Focus Features and Universal Home Entertainment have all been named in a new copyright infringement suit from the screenwriter.

Then, as now, Stephenson asserts that The Holdovers contains numerous similarities to Frisco, most obviously a premise that involves a crusty older man (a pediatrician in Frisco‘s case, as opposed to the classics teacher portrayed by Paul Giamatti in The Holdovers) who gets some of his passion for life back after being put in reluctant charge of a rebellious teenager, complete with a trip taken by the two characters. Stephenson also continues to assert that Payne was presented with the Frisco script at least twice, once when it was first making the rounds of Hollywood’s best unproduced screenplays, and then again, several years later, when Netflix tried to entice Payne aboard to film it. (THR notes, meanwhile, that while these kinds of plagiarism accusations aren’t exactly rare in Hollywood, it is uncommon for someone far enough on the inside to get a writing credit on a Disney movie to take these kinds of potentially reputation-blasting swings.)

Payne has long denied the accusations, saying that he actually took inspiration for the movie from 1935 French film Merlusse, which is, indeed, about a boarding school teacher looking after kids left at the school during the Christmas holiday. “That’s where I stole it from,” Payne said, with deliberate irony, in a conversation from a few months after the accusations came out, calling the controversy surrounding Stephenson’s allegations “The stupidest thing in the world.” (Stephenson’s lawyers acknowledge the similarities to the older film, but still argue that The Holdovers script uses Frisco as its “blueprint.”)  Per THR, Stephenson apparently previously tried to litigate his claim in front of the WGA, but the guild ultimately determined it wasn’t the right venue for the argument. Hence, presumably, the lawsuit: Stephenson is reportedly seeking damages, as well as a court order banning further exploitation of The Holdovers.

 
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