IP Law Daily, COPYRIGHT NEWS: Screenwriter sues ‘The Holdovers’ makers over alleged copying of unproduced script, (Oct 30, 2026)

By Saurabh Kashyap, B.A., M.A., LL.B., LL.M.

The writer of an unproduced screenplay alleges that “The Holdovers” copied the protected story structure, sequence of events, scenes, and dialogue patterns of his earlier script after the director received it twice.

Simon Stephenson has sued multiple defendants, including credited “The Holdovers” screenwriter David Hemingson, and the production and distribution companies behind the film, alleging that the acclaimed 2023 movie was an unauthorized adaptation of his 2013 screenplay, “Frisco.” The suit alleges that one of the defendants, the director, Alexander Payne, had access to “Frisco” on two occasions before “The Holdovers” was developed, and that Payne or others acting on his behalf removed or concealed Stephenson’s authorship information while using his work. Stephenson seeks damages, the defendants’ profits, injunctive relief, and attorney fees for alleged copyright infringement and violations of the Digital Millennium Copyright Act (Stephenson v. Payne, No. 2:26-cv-12615 (C.D. Cal. Oct. 28, 2026)).

“Frisco” and alleged access. Stephenson wrote “Frisco” in 2012 and 2013, drawing in part on his experience as a pediatrician, according to the complaint. The screenplay, which centers on an adult physician and a troubled young patient, was recognized on the 2013 Black List, an annual survey of widely liked but unproduced scripts.

The complaint alleges that Payne received and read the screenplay in 2013 through his professional representatives and producing associates. Payne allegedly gave a favorable response to the quality of the writing but did not pursue the project. Stephenson further alleges that Payne received the screenplay again in late 2019, when producer John Woodward sent it to him in connection with potential Netflix development.

The alleged 2019 access is particularly important to Stephenson’s theory because it preceded the development of “The Holdovers.” The complaint alleges that Payne thereafter participated materially in shaping the screenplay that became the film, despite Hemingson receiving the credited screenplay-writing role.

The complaint does not accuse actor Paul Giamatti, who starred in “The Holdovers,” of participating in the alleged copying. It states that Giamatti received a copy of “Frisco” in 2016 but does not allege that he took part in creating or developing the accused work.

Alleged copying. Stephenson characterizes “The Holdovers” as a substantially similar, surface-modified version of “Frisco.” In his account, the defendants replaced the earlier screenplay’s children’s-hospital setting in San Francisco with a New England boarding school, while retaining the expressive framework of a reluctant adult authority figure, a troubled young person, and a third adult who become connected through a shared journey.

The lawsuit identifies 46 allegedly corresponding incidents between the two works, 24 of which purportedly occur in the same order. It alleges that the similarities extend beyond a generalized premise or familiar storytelling device and instead concern the works’ overall progression, sequencing, scene construction, character relationships, dialogue architecture, themes, and pacing.

Stephenson contends that the common elements must be viewed as a whole. In copyright cases, a general idea, premise, or stock character ordinarily is not protectable. But a sufficiently original selection and arrangement of unprotectable elements can receive protection. The complaint relies on that principle, citing Metcalf v. Bochco, 294 F.3d 1069 (9th Cir. 2002), in asserting that the alleged copying lies in the particular combination, development, and ordering of events in “Frisco,” rather than simply in the broad concept of an adult and an alienated teenager forming a bond.

The complaint also identifies what it calls an anomalous “medical conference” reference in a May 2021 draft of “The Holdovers.” Stephenson alleges the reference made sense in the pediatric-hospital context of “Frisco,” but not in the eventual setting of “The Holdovers,” and that it was later eliminated. He offers that allegation as one purported indication that elements from his screenplay initially carried over into the later project.

Payne’s alleged creative involvement. Stephenson alleges that Payne was actively involved in the film’s writing and development, rather than serving solely as its director. The complaint cites Payne’s public statements concerning his role in developing the project, including his alleged input on the premise, plot direction, a road-trip component, and the addition or development of a key female character.

The lawsuit further alleges that draft materials reflect Payne’s direct writing or revising of portions of the screenplay. Stephenson contends that the materials contain stylistic, formatting, and software-use characteristics that allegedly point to Payne’s participation. Those allegations are intended to support the claim that Payne was directly involved in incorporating material from “Frisco” into the final film.

Payne has publicly said that the premise of “The Holdovers” was inspired by the 1935 French film “Merlusse,” according to the complaint. Stephenson acknowledges that the earlier film may involve a broad premise concerning an adult and students during a school break. However, he alleges that “Merlusse” does not account for the asserted common scenes, sequence, structure, and expressive details shared by “Frisco” and “The Holdovers.”

The suit alleges that “The Holdovers” earned more than $48 million at the worldwide box office, excluding revenue from streaming, home entertainment, licensing, and other forms of exploitation. The film also received substantial award recognition, including a Writers Guild of America award for original screenplay and nominations from both the Academy Awards (Oscars) and the British Academy Film Awards (BAFTAs).

Copyright-management information claim. Alongside the infringement claim, Stephenson asserts a claim under 17 U.S.C. § 1202 against Payne. That provision prohibits specified acts involving the intentional removal, alteration, or distribution of false copyright-management information when undertaken with the required knowledge and connection to infringement.

Stephenson alleges that Payne, or someone acting at his direction, removed or concealed the title “Frisco,” Stephenson’s name, and other information identifying him as the screenplay’s author before distributing material to Hemingson or others involved in developing the film. The complaint alleges that the purported removal or concealment helped obscure the origin of the copied material and delayed Stephenson’s discovery of the asserted infringement.

The complaint further alleges that the defendants copied, prepared derivative works from, distributed, and publicly performed or displayed protected material from “Frisco” without authorization. It seeks to hold the production and distribution entities—including Miramax, Focus Features, NBCUniversal and affiliated companies—responsible for their alleged roles in producing, marketing, distributing, and exploiting “The Holdovers.”

Relief sought. Stephenson seeks actual damages and the defendants’ profits attributable to the alleged infringement under 17 U.S.C. § 504(b). For the claimed violations of 17 U.S.C. § 1202, he seeks actual damages and profits or, in the alternative, statutory damages under 17 U.S.C. § 1203. The complaint also requests preliminary and permanent injunctive relief, restitution and other equitable remedies, prejudgment and post-judgment interest, costs and attorney fees. Stephenson has demanded a jury trial.

The Case is No. 2:26-cv-12615.

Attorneys: Julia B. Cherlow (Drooks and Nessim, LLP) for Simon Stephenson.

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