When Inspiration Crosses the Line: The Dave Franco and Alison Brie Copyright Suit

Hollywood is no stranger to lawsuits — but the recent copyright infringement case against Dave Franco and Alison Brie raises timely questions for creatives and businesses alike about where homage ends and infringement begins.

The married duo — both co-writers and stars of the supernatural horror film Together — are being sued by production company StudioFest for allegedly copying the premise and key artistic elements of a 2023 indie film titled Better Half. According to the complaint filed on May 13, StudioFest had initially pitched the concept to Franco and Brie, who passed on starring in the project — only to later release what StudioFest describes as a “blatant rip-off.”

What's At Issue?

The heart of the complaint lies in the films’ strikingly similar premise: a romantic couple whose bodies physically fuse together through supernatural means. But the lawsuit goes deeper than just a shared plot point. StudioFest claims Together mimics Better Half in mood, pacing, specific visual scenes (like a character's feet poking out from a door), and the unique combination of horror and romantic comedy.

In addition to Franco and Brie, the suit names co-writer/director Michael Shanks, talent agency WME (which represents the creative team), and distributor NEON.

The Legal Question: Is This Copyright Infringement?

This case turns on whether Together copies protectable expression from Better Half. Copyright law does not protect general ideas, genres, or themes — only the specific expression of those ideas. That means you can have multiple films about body fusion or romantic horror, but not all depictions are fair game.

What courts will evaluate is:

• Substantial Similarity: Are the scenes, dialogue, and character dynamics so alike that a reasonable observer would say one copied the other?

• Access and Opportunity: Did the defendants have access to the original work, and could they have used it to create the new one?

StudioFest argues the answer is yes, particularly since Franco and Brie were pitched the concept before creating their own film.

Defendants Push Back

In response, WME has called the suit “frivolous and without merit,” signaling an aggressive defense. If the case proceeds, both sides will likely rely heavily on expert analysis and side-by-side comparisons of scripts, storyboards, and possibly even behind-the-scenes communications.

Why It Matters for Creators and Businesses

This lawsuit highlights a growing concern in creative industries: the blurry line between inspiration and infringement. As intellectual property attorneys, we often counsel clients on how to:

• Protect their original works through proper registration of copyrights

• Use idea submissions and NDAs wisely when pitching concepts

• Navigate derivative works, parody, and homage legally and ethically

Takeaway

If you are a creator, investor, or distributor in film, design, branding, or any creative endeavor, this case is a reminder of how quickly things can escalate without clear boundaries and protections in place.

At Ed White Law, we help individuals and businesses protect what they build — and defend it when necessary. Whether you’re developing the next indie feature or licensing a concept to a major distributor, having a legal team that understands the nuances of intellectual property can make all the difference.

Got questions about copyright or your creative rights? Reach out to our team — we’re here to help you create boldly and protect confidently.