Dave Franco and Alison Brie sued for copyright infringement over horror film "Together"

on May 15, 2025

The "Better Half" film premiered at Dances With Films in 2023 and then screened at the Brooklyn Film Festival, Heartland Film Festival, Beloit International Film Festival, and Julien Dubuque International Film Festival.

In the court documents, StudioFest’s attorney, Dan Miller, pointed out what he claimed to be the “striking similarities” between both films, including their alleged plot points and the main concept of a couple who “wake up to find their bodies physically fused together as a metaphor for codependency.”

Brie and Franco, who married in March 2017, were allegedly approached to star in “Better Half” after the casting director sent a script to the pair’s agents at WME on August 19, 2020 via email, per the lawsuit’s exhibit.

The following day, Franco’s agent informed the casting director that “Dave was going to pass but thank you for thinking of him and Brie also “passed” on the offer.

“My client’s original work was stolen,” Miller told The Post on Wednesday. “The similarities between the two works are staggering and defy any innocent explanation.

“We intend to hold the defendants accountable,” he added, “and look forward to trial.”

The suit also named WME, director/writer Michael Shanks, and Neon in the complaint. StudioFest is asking to be awarded damages in the amount that a jury sees fit, as well as attorney’s fees, and more.

The newly filed lawsuit alleged that Brie and Franco “rejected StudioFest’s offer” for “Better Half” because “they wanted to produce the film themselves and have WME package the project with one of the agency’s own writers.”

“In both ‘Better Half’ and ‘Together,’ the main characters struggle to navigate daily life as their physical attachment progresses and they start to control each other’s body parts,” the suit charged while explaining the alleged “blatant” similarities between the two horror flicks.“I remember reading the script and immediately turning to Alison to say, ‘I think we should act in this one together,’ because the characters had been together for over a decade,” the “Love Lies Bleeding” star said.

“I figured that our real-life relationship could lend itself well to that dynamic,” Franco added.

“Together,” which hits theaters this summer, premiered in January at the Sundance Film Festival. It was sold to Neon for “approximately $17 million” following bidding.

WME, the couple’s talent agency, has since called StudioFest’s complaint against them, their clients and Shanks “frivolous and without merit” in a statement to The Hollywood Reporter.

The Law

Copyright in General

Under the Copyright Act of 1976, copyright duration usually extends fifty years plus the life of the author. However, numerous exceptions exist depending on the type of work and its particular application. This increased period of protection for copyrighted works further illustrates the trend in federal copyright law towards even greater defense of the rights of artists, authors, and inventors with respect to their original works against infringement.

Copyright Infringement

is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it.

Copyright infringement laws in the United States are primarily governed by Title 17 of the U.S. Code, which outlines the rights of copyright holders and the penalties for infringement. Key sections include 17 U.S.C. § 501, which defines infringement, and 17 U.S.C. § 506, which addresses criminal copyright infringement, specifying that willful infringement for commercial gain can lead to felony charges.

The Plaintiff's Claims for Damages

• For damages in an amount according to proof at trial

• For disgorgement of profits pursuant to 17 U.S.C. § 504(b)

Disgorgement is a legal term referring to the act of repaying profits that were obtained through illegal or unethical means. It is often used as a remedy to prevent unjust enrichment and is typically enforced by regulatory agencies like the SEC.

• For preliminary and permanent injunctive relief

Permanent injunctive relief is a court order that requires a party to either do or stop doing a specific action permanently, typically issued after a trial when monetary damages are deemed insufficient to address the harm. It is granted only when the plaintiff demonstrates irreparable injury and that the injunction serves the public interest.

• For StudioFest to recover its proven damages or statutory damages elected in accordance with the Copyright Act, 17 U.S.C. § 504

Statutory damages are a type of monetary compensation awarded in civil law, where the amount is predetermined by statute rather than calculated based on the actual harm suffered. They are often used in cases where it's difficult to determine the exact value of the loss, such as copyright infringement.

• For costs of suit incurred herein and attorneys’ fees pursuant to pursuant to 17 U.S.C. § 505

• For an award of pre-and post-judgment interest at the legal rate; and for such other relief that the Court deems just and proper

Case Information

Case No.:2:25-cv-04294

Filed: 05/13/25

Court: U.S. District Court  Central District of California, Western Division

Daniel S. Miller

Attorneys for Plaintiff

STUDIOFEST LLC

Other Parties: 

Neon Rated, LLC

636 Broadway, Suite 1000 New York, NY 10012

11858 La Grange Ave, Suite 201, Los Angeles, CA 90025

WME

9601 Wilshire Blvd., 3rd Floor, Beverly Hills, CA 90210

Problems with StudioFest's Case

The defense attorney for Dave Franco and Alison Brie in the copyright lawsuit over their film "Together" is likely to argue that the lawsuit is frivolous and without merit. They may also present defenses related to fair use or independent creation to counter the claims of copyright infringement.