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Screenwriter Simon Stephenson has accused the creative team behind the feted Academy Award nominee The Holdovers of plagiarizing a 2013 script he wrote for an unmade film titled Frisco.
The Holdovers, a dramatic comedy, was directed by Alexander Payne and written by David Hemingson, with Paul Giamatti, Da'Vine Joy Randolph and Dominic Sessa leading the cast.
The movie was nominated for five Oscars Sunday, including Best Motion Picture of the Year, and Best Original Screenplay for Hemingson, who lost to Anatomy of a Fall writers Justine Triet and Arthur Harari.
Stephenson aired his grievances in a January 12 email to Writer's Guild of America director of credits Lesley Mackey that Variety obtained and published on Saturday.
'I’ve encountered a credits-related issue on quite a high profile WGA-covered project,' said Stephenson, who has also penned notable motion pictures such as Luca and Paddington 2.
Screenwriter Simon Stephenson has accused the creative team behind the feted Academy Award nominee The Holdovers of plagiarizing a 2013 script he wrote for an unmade film titled Frisco
The Holdovers features (L-R) Dominic Sessa, Paul Giamatti and Da'Vine Joy Randolph
He continued: 'The evidence the holdovers screenplay has been plagiarized line-by-line from Frisco is genuinely overwhelming - anybody who looks at even the briefest sample pretty much invariably uses the word "brazen."'
Stephenson said in the email he felt Payne read the screenplay for Frisco in 2013, when it was featured prominently on the industry's Black List, which is a collection of the top-rated unproduced scripts.
Frisco was described by Variety as 'a drama centered on a world-weary middle-aged children’s doctor and the 15-year-old patient he gets stuck looking after,' which used the same exact verbiage to describe The Holdovers.
In The Holdovers, Giamatti portrayed teacher Paul Hunham, while Sessa played the teen, Angus Tully, opposite Randolph, who won the Best Supporting Actress Oscar for her performance as school's cafeteria manager Mary Lamb.
Stephenson said he came to the conclusion his work had been plagiarized after studying both films in terms of scenes, dialogue and sequences.
Stephenson said that he had email evidence indicating Payne saw the Frisco script initially when it came out in 2013, and again six years later in 2019, prior to recruiting Hemingson to write the film, and serve as a producer.
Stephenson subsequently contacted the WGA board again in February 25, telling the organization he had airtight evidence his work had been copied for The Holdovers.
'I can demonstrate beyond any possible doubt that the meaningful entirety of the screenplay for a film with WGA-sanctioned credits that is currently on track to win a screenwriting Oscar has been plagiarized line-by-line from a popular unproduced screenplay of mine,' he said. 'I can also show that the director of the offending film was sent and read my screenplay on two separate occasions prior to the offending film entering development.'
The Holdovers, a dramatic comedy, was directed by Alexander Payne, pictured Sunday at the Academy Awards in LA
Hemingson lost the nomination for Best Original Screenplay to Anatomy of a Fall writers Justine Triet and Arthur Harari
Da'Vine Joy Randolph delivered an emotional speech in her win for Best Supporting Actress
He added: 'By "meaningful entirety" I do mean literally everything- story, characters, structure, scenes, dialogue, the whole thing. Some of it is just insanely brazen: many of the most important scenes are effectively unaltered and even remain visibly identical in layout on the page.'
Stephenson said that The Holdovers had five scenes that were not initially derived from Frisco, including a sequence involving a person getting away with plagiarism.
Stephenson said he was informed by an associate counsel with the WGA that the issue was not under the purview of the guild, and advised him 'a lawsuit remains the most viable option under these circumstances.'
Payne has past won a pair of Oscars for Best Adapted Screenplay, for 2005's Sideways and 2012's The Descendants.