Alexander Payne Sued by ‘Luca’ Screenwriter Over Plagiarism on ‘The Holdovers’
Screenwriter Simon Stephenson has sued director Alexander Payne and others, alleging that the Oscar-winning film *The Holdovers* copied substantial elements of his screenplay, *Frisco*. The case matters because Stephenson is seeking damages and an order that could prevent further distribution or other use of the film; the allegations have not been proven.
Stephenson says Payne received *Frisco* in 2013 and again in 2019, before developing *The Holdovers* with screenwriter David Hemingson. Both stories centre on a difficult adult responsible for teenagers, while the lawsuit also points to shared writing details, including an unexplained reference to a medical conference. *Frisco* appeared on the 2013 Black List of notable unproduced screenplays; *The Holdovers* received five Oscar nominations in 2024. A previous attempt to raise the dispute with the Writers Guild of America did not resolve it.
In short
- Screenwriter Simon Stephenson alleges *The Holdovers* copied his script *Frisco*.
- He says Payne received the screenplay in 2013 and 2019.
- The lawsuit seeks damages and a possible halt to the film’s exploitation.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Stephenson’s case is that Payne had access to Frisco before The Holdovers was developed, and that similarities extend beyond a broad premise to specific details that may be less likely to arise independently. If substantial protected expression was copied, pursuing damages and limits on further use could protect screenwriters’ rights and the value of their work, regardless of the film’s acclaim.
The case against
Payne and the other defendants can argue that a shared premise or isolated details do not establish plagiarism: stories about difficult adults responsible for teenagers may draw on familiar dramatic ideas, while copyright protects particular expression rather than general concepts. The similarities and access claims must be tested against the scripts and other evidence, and an unproven allegation should not itself justify restricting distribution of a completed film.
Explained simply
A screenplay is a written plan for a film, and disputes can arise when a writer believes another film has used their work without permission. Simon Stephenson says his screenplay Frisco was copied in The Holdovers, directed by Alexander Payne and written by David Hemingson.
Stephenson says Payne received Frisco in 2013 and 2019, before The Holdovers was developed. He points to similarities in the stories and in specific details; the claims have not been proven. Frisco was listed among notable unproduced screenplays in 2013, while The Holdovers received five Oscar nominations in 2024.
The lawsuit seeks damages and an order that could restrict the film’s distribution or other use. The Writers Guild of America was previously approached about the dispute, but that did not resolve it.