"The Holdovers is copied": Luca writer accuses Alexander Payne's Oscar-nominated movie of plagiarism

The Holdovers is an American comedy-drama film from 2023 that was written and directed by Alexander Payne. Simon Stephenson, a writer for Luca, has accused the film of plagiarizing. According to Stephenson, there are a lot of similarities between The Holdovers and his 2013 screenplay for Frisco.

This covers the plot, characters, arcs, relationships, themes, and tones, as well as the scenes, dialogue, and structure. Stephenson's accusations have drawn attention to specific parallels, such as scenes in which the main character receives a warning from his superior for wronging a politician.

Stephenson said to the WGA,

"The screenplay for 'The Holdovers' is copied (...)"

Payne and Hemingson are yet to address the plagiarism allegations. The plot and production of the movie have been clouded by the creators' disagreement, raising questions as to Hollywood's lack of originality and creative ethics.

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What is the controversy about The Holdovers before the Oscars?

The Holdovers was nominated for Best Original Screenplay at the Oscars. As per Variety, on January 12, the Writers Guild of America’s (WGA) senior director of credits Lesley Mackey received an email from Simon Stephenson to set up a call to discuss “a credits-related issue on quite a high profile WGA-covered project.”

In a follow up email, Stephenson voiced the plagiarism claims about The Holdovers. He wrote,

"I can say with absolute certainty that Alexander Payne had my script for 'Frisco' not once, but twice. The screenplay for 'The Holdovers' is copied line by line from my work. The similarities are not just in the broad strokes but in the fine detail, with many important scenes effectively unaltered and visibly identical to those in my script."

Payne and Hemingson have shared their version of how they developed the film, but Stephenson has maintained that there are significant similarities between the scripts. Payne talked about working with Hemingson after seeing his TV pilot, which was based at a boarding school and influenced by a 1935 French film.

At the Toronto Film Festival, Focus paid $31 million for the independently financed movie. As per Variety, documents related to Stephenson's plagiarism accusation have shared with the WGA’s three officers, 16-member board, and general counsel.

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What is the response of The Holdovers team to the accusations?

The Holdovers crew has not yet released a statement in response to Luca writer Simon Stephenson's allegations of plagiarism, citing parallels between his 2013 screenplay for Frisco and their production. Payne and Hemingson have not responded to the media either.

Stephenson is still pushing for an investigation into the alleged plagiarism, but the situation remains unresolved due to the lack of a public response from The Holdovers team.

Within the WGA, the case has sparked a great deal of discussion, as a few members find the accusations disturbing, as per Variety. It's still unclear, as of right now, how the guild views this case and whether these charges will result in any additional action being taken.

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What is the legal process for plagiarism in Hollywood?

In Hollywood, civil action is used to address plagiarism cases instead of criminal prosecution. Although not illegal, plagiarism is regarded as such and can result in civil lawsuits against the alleged plagiarist.

A civil suit may be filed by the person who feels wronged to obtain remedies like temporary or permanent injunctions, monetary compensation, proper credit, and a cut of the movie's earnings.

When plagiarism results in copyright infringement, the Copyright Act of 1957 is applicable, and writers are granted moral rights under Section 57 of the Act. Secrecy clauses in settlement agreements are frequently used to protect studio executives from legal proceedings and public scrutiny while also shielding them from depositions.

A plaintiff must show that the works in question have a significant amount of dialogue, setting, plot, genre, and character similarity to establish plagiarism in films. It is also necessary to prove that the defendant has access to the original work.

But a lot of cases remain unfiled because writers fear blacklisting or retaliation. Studios frequently defend themselves by declining unsolicited submissions and purchasing insurance to guard against plagiarism accusations. Settlements are often reached in private to keep studios from receiving bad press.

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The Holdovers was nominated for five Oscars, including Best Picture, Best Original Screenplay, and Best Film Editing. For his performance in the movie, Paul Giamatti received a Best Actor nomination, and Da'Vine Joy Randolph received a nomination for Best Supporting Actress.