Copyright Dispute: 'Frisco' Writer Sues Alexander Payne Over 'The Holdovers'
A 2012 unproduced script about a pediatrician allegedly shares 46 specific plot points with the Oscar-winning film released in 2023.
By Kwame Montgomery ·
Simon Stephenson filed a copyright lawsuit against director Alexander Payne on Wednesday, claiming the script for the 2023 film 'The Holdovers' was derived from his own unproduced screenplay titled 'Frisco.'
The complaint identifies 46 matched incidents between the two works. Stephenson's 2012-13 script, written during his career as a pediatrician, centers on a doctor at a children's hospital who bonds with a teenage patient. That relationship leads to a trip to San Francisco and the doctor's decision to quit and travel across the country. The lawsuit argues these structural elements were meticulously transposed into 'The Holdovers' with only surface cosmetic changes.
Stephenson first raised the issue with the Writers Guild of America in 2024. The union told him it could not adjudicate the matter and referred him to an attorney. Payne publicly denied the claim at the Sarajevo Film Festival, describing it as 'the stupidest thing in the world.'
The legal filing names several parties as defendants, including Payne, 'The Holdovers' screenwriter David Hemingson, and producer Mark Johnson. It also lists Miramax and Focus Features alongside other corporate entities. The suit alleges that Payne provided input to Hemingson that incorporated elements from 'Frisco' into the film's drafts.
Stephenson's agents attempted to secure a production deal in 2013. They sent the script to Payne, who read it again in 2019. According to the lawsuit, Payne's producing partner informed the agents that 'Payne did like it but was not interested in prod or directing it.' The script ranked third on the Black List, which tracks top unproduced Hollywood screenplays.
Stephenson has prior credits on 'Paddington 2,' 'Luca,' and 'The Electrical Life of Louis Wain.' The lawsuit quotes the definition of a screenplay as a 'blueprint for a film.' It states that the defendants built their movie using 'Frisco' as that blueprint.
The case is now before the court, with the parties preparing for the next stages of the legal process.
Source: Variety
