The Holdovers" by Alexander Payne faces plagiarism allegations as the writer claims the screenplay is "forensically identical" to his own

By M Muzamil Shami

Absolutely everything—narrative, characters, framework, scenes, conversations, the entirety of it."

Just a day prior to the possible awarding of Best Original Screenplay at the 2024 Oscars, Alexander Payne's touching dramedy "The Holdovers" faces accusations of plagiarism.

Simon Stephenson, known for his contributions to Pixar’s Luca and Paddington 2, alleged that Payne and the co-writer, David Hemingson, plagiarized his 2013 screenplay Frisco extensively, as indicated in correspondence and documents submitted to the Writers Guild of America. Variety has reviewed and disclosed these materials.

Stephenson's screenplay, featured on The Black List, portrays a disillusioned children's doctor tasked with caring for a 15-year-old patient. Meanwhile, Hemingson's "Holdovers" depicts a discontented boarding school teacher entrusted with a 15-year-old student during the holiday break.

Stephenson reached out to WGA senior director of credits, Lesley Mackey, via email on Jan. 12 to schedule a discussion regarding a significant credits matter concerning a high-profile WGA-covered project, as per Variety. In a subsequent email following their conversation, he emphasized that the evidence of plagiarism in The Holdovers screenplay, taken directly from Frisco, is compelling and blatant, with many describing it as "brazen" upon even a cursory examination.

Representatives for Payne, Hemingson, Focus Features, Stephenson, and the WGA did not respond promptly to EW's request for comment. Payne and Hemingson chose not to comment to Variety, while Stephenson confirmed the email's authenticity but opted not to provide further commentary to the outlet.

       Dominic Sessa, Da'Vine Joy Randolph, and Paul Giamatti star in 'The Holdovers'. Image by SEACIA PAVAO/FOCUS FEATURES

Since then, Stephenson has been in extensive discussions with the WGA for months to address his claims, as reported by Variety. Adding to the complexity, Stephenson contends that Payne had received the script for Frisco in both 2013 and 2019. This occurred just before the director enlisted Hemingson to collaborate on what eventually became The Holdovers.

Variety disclosed excerpts from two 2013 emails sent by Hollywood agents to Stephenson. One, from United Talent Agency's Geoff Morley, implied Payne had reviewed the script. Morley's email stated, "I spoke to Alexander Payne's exec Jim Burke directly some time ago, and he mentioned that Payne did appreciate it but wasn't keen on producing or directing it."

In 2019, Stephenson claims that Frisco once again caught Payne's attention when the screenplay made its way to Netflix, subsequently being forwarded to Payne. John Woodward, cofounder of U.K. production company Brightstar, emailed Stephenson and fellow cofounder Tanya Seghatchian, expressing: "Regrettably, Alexander has reviewed it but feels it doesn't align with his current preferences."

In a separate email sent to the WGA board in February, Stephenson asserted that he could unequivocally prove that the entire screenplay of a film, set to win a screenwriting Oscar with WGA-sanctioned credits, has been plagiarized, meticulously line-by-line, from one of his widely recognized unproduced screenplays.

"I can demonstrate that the director of the film in question received and reviewed my screenplay twice before the film's development. When I say 'meaningful entirety,' I mean every aspect—story, characters, structure, scenes, dialogue, the works. Some parts are shockingly blatant: key scenes remain virtually unchanged, even visually identical on the page."

Stephenson remarked, "Having worked as a writer for two decades, both in the UK and now in the US, I'm familiar with the common occurrence of similar ideas. However, in this case, the two screenplays are strikingly identical, with distinctive elements present throughout."

Stephenson suggested in the email that Mackey indicated the WGA wouldn't handle his case due to "Frisco" being a spec script. He provided three distinct documents to support his claim against the film, according to Variety. One of Stephenson's documents, shared entirely by the outlet, alleges that "The Holdovers" has essentially replicated the Frisco screenplay through transposition, copying its entirety including story, structure, scenes, dialogue, characters, themes, and tone.

Ultimately, he was referred to WGA West associate counsel, Leila Azari, who clarified that it wasn't a guild matter. In a March email, she proposed that "a lawsuit remains the most viable option under the circumstances." The current status of the case is uncertain.

Although Payne isn't credited as a writer for The Holdovers, the director has stated that he played a supervisory role in shaping its script. In an interview with the Los Angeles Times last year, he mentioned, "[Hemingson] would present various scenarios, and I would provide feedback until we settled on one." Additionally, he cited Marcel Pagnol's 1935 French film Merlusse as inspiration for the movie, which centers on a grumpy teacher tasked with caring for boarding school students during the holidays.

"The film 'The Holdovers' is nominated for five Academy Awards this Sunday: Best Picture, Best Actor (Paul Giamatti), Best Supporting Actress (Da'Vine Joy Randolph), Best Original Screenplay, and Best Film Editing."