Copyright Lawsuit Against Brie and Franco Raises Familiar Legal Risks in Film Industry

by Mark Xiao and Kari Siegenthaler

Copyright Lawsuit Against Brie and Franco Raises Familiar Legal Risks in Film Industry

On May 13, 2025, StudioFest, a production company, filed a copyright infringement lawsuit against William Morris Endeavor Entertainment, LLC, Dave Franco, Alison Brie and others involved in the upcoming horror film, “Together.” The complaint alleges that the film, starring both Brie and Franco, was a “blatant rip-off” of a movie called “Better Half,” which was pitched to the couple’s agents in 2020.

Both Brie and Franco denied the offer to star in “Better Half” in 2020. Thereafter, StudioFest cast lesser-known actors Dianne Doan and Connor Paolo as the leads. The film premiered in 2023 and was registered by StudioFest with the United States Copyright Office on August 20, 2024, ahead of its distribution deal.

The development of Brie and Franco’s film “Together” was announced first on February 6, 2024, three years after the “Better Half” script was shared with Brie and Franco’s agents. The film debuted at Sundance Film Festival in January 2025, launching a days-long bidding war. Ultimately, “Together” was sold to Neon for approximately $17 million in one of the biggest deals in Sundance history.

What are the Similarities Between the Films?

“Together” and “Better Half” both conceptually focus on a couple fused together through supernatural force, as a metaphor for co-dependency. In both films, the couple consists of a teacher who is ready to propose, and a commitment-phobic aspiring artist. Plato’s symposium is also featured as a thematic element in both works, used to explore the idea that humans were once whole but then split apart, now doomed to search for their missing half. In addition, StudioFest also alleged that the dialogue pertaining to Plato’s symposium was copied “near verbatim” in “Together.” Overall, StudioFest claims that the two works are substantially and strikingly similar in plot, themes, characters, mood, pace, setting, dialogue, and sequence of events.

Legal Requirements to Prove Copyright Infringement

To establish a valid copyright infringement claim, the plaintiff must demonstrate that (1) their work was copied by the defendant; and (2) a substantial similarity exists between the defendant’s work and the protectible elements of the plaintiff’s. To evaluate whether two works are substantially similar, the Ninth Circuit (in which this lawsuit against Brie and Franco was filed) utilizes an extrinsic and an intrinsic test. The extrinsic test is an objective analysis of certain elements of the works, while the intrinsic test asks whether an ordinary, reasonable person could find the works substantially similar in concept and feel.

As direct evidence of copying is often unavailable, a plaintiff must establish both that the works are substantially similar, and that the defendant had “access” to the plaintiff’s work. These two factors have an inverse relationship, in which the stronger proof there is of similarity, for example, the less necessary it is to establish access. A finding of striking similarity, therefore, could establish copyright infringement even without any proof of access.

For access to be established, the defendant must have had a reasonable opportunity to view or copy the plaintiff’s work. Demonstrating only that there was a bare possibility the defendant may have had access to the work is not sufficient. Rather, access can be proven through an established chain of events connecting the work to the defendant’s opportunity to copy, such as through third-party dealings, or wide-spread dissemination of the work.

Can an Idea be Copyrighted?

Copyright protection extends only to the expression of ideas, not the ideas themselves. Therefore, when determining whether two works are substantially similar, the court cannot consider the similarity of abstract ideas between the works. Copyright law does not protect predictable plot points that flow naturally from a general idea, such as widely-used romantic tropes or character arcs.

Defenses Often Raised in Copyright Infringement Cases

Defendants in copyright infringement cases often use one of two defenses: fair use or de minimis use. Both are affirmative defenses. Fair use allows for the unauthorized use of copyrighted material for purposes such as criticism, comment, satire, etc. A de minimis defense allows for unauthorized use of copyrighted material, when the use is so minimal and insignificant that it does not constitute infringement.

How Can Content Creators Best Protect Themselves from Intellectual Property Litigation in the Media and Entertainment Sector?

Content creators should first ensure that their original work is properly copyrighted and registered with the United States Copyright Office. When submitting original work to agencies or other outsiders, creators should indicate their copyright ownership clearly and keep documentation of any outsider with access to the work.

Should an issue of copyright infringement still occur, Miller Shah is well equipped to handle any pending or potential litigation. In our Intellectual Property practice area, attorneys have significant experience prosecuting and defending copyright infringement cases. Miller Shah has recovered tens of millions of dollars in compensation for clients in these types of cases. We have successfully beaten large corporations in the film industry and defended against suits claiming infringement of little-known trademarks.

If you believe you were a victim of copyright infringement or a related matter, contact Miller Shah online or call 866-540-5505 to explore potential remedies with our experienced attorneys. We handle copyright infringement and intellectual copyright cases nationwide.