Legal Battle over "Together" vs. "Better Half": A Clash of Cinematic Creations

The creators of the Alison Brie and Dave Franco movie, “Together,” are fighting a copyright infringement lawsuit, asserting that their film is “not remotely akin” to “Better Half,” the piece in question. “Together” made waves at Sundance in January, securing a substantial deal with Neon for reportedly $17 million, and is slated for a theatrical release on July 30.

In May, the producers of “Better Half” initiated legal action, alleging that “Together” is a clear imitation of their own work, which they claim had been pitched to Brie and Franco back in 2020 but was declined by their agent. The central theme in both films involves a couple that is mysteriously joined together by an enigmatic force.

In a letter dated May 21 and obtained by Variety, attorney Nicolas Jampol responded to the lawsuit by stressing that “Together” was created independently. He insisted that any resemblances are too generic to infringe on copyright claims.

“Your client does not possess ownership over this concept,” Jampol argued. “Neither do our clients. This is an idea that cannot be copyrighted, having been utilized in countless movies, TV shows, and literary works prior to any of our clients’ involvement.”

Jampol further stated that the films diverge significantly in their treatment of the concept. Whereas “Better Half” offers a lighter comedic take, “Together” delves into a realm of supernatural “body horror” thrillers.

“‘Together’ is almost entirely opposite to ‘Better Half,’” Jampol elaborated.

He pointed out that “Together“‘s screenwriter, Michael Shanks, had already drafted and registered the screenplay with the WGA by 2019—one year before “Better Half” was presented to Brie and Franco’s agent at WME.

“Before your client approached WME with their script, Mr. Shanks had already developed many of the elements your client accuses him of replicating,” penned Jampol. “In truth, none of our clients borrowed anything from ‘Better Half.’“

Penned and directed by Patrick Henry Phelan, “Better Half” was released in 2023. Its producers, Jess Jacklin and Charles Beale, claim they were left “stunned” at Sundance as they watched “Together,” believing it mirrored their work.

“Scene after scene vindicates that Defendants didn’t just use ‘stock ideas’ or ‘scenes a faire,’ but allegedly took virtually every distinct element of ‘Better Half’s’ copyrightable expression,” the lawsuit alleges.

The plaintiffs’ suit highlights several parallels, noting that both films nod to the Spice Girls and draw on Plato’s Symposium.

Jampol countered that these references aren’t unusual, citing the Spice Girls hit “2 Become 1” to argue the coincidence was unavoidable.

In a rebuttal on June 9, the plaintiffs’ lawyer, Daniel Miller, labeled that defense “almost laughable.”

Miller also cited strikingly similar sequences where the protagonists are attached at the genitals while hiding from a romantic interest nearby.

“We trust a jury will recognize this sequence for what it is: a mimicry of ‘Better Half’s’ unique expression,” wrote Miller.

Miller demanded proof of the defendants’ claim to have created “Together” independently, specifically the screenplay draft registered with the WGA and subsequent developments.

“The defendants in this matter are crafting elaborate explanations for what seems indefensible, yet the evidence narrates a different story,” Miller remarked to Variety. “Their reluctance to disclose the earlier script allegedly registered in 2019 is telling. We intend to demonstrate to the court why the extraordinary likenesses between these two works are inexcusable.”

Jampol concluded his letter by advising the plaintiffs to withdraw their suit, cautioning them that if they proceed, the defendants will pursue legal costs for their defense.

“Levelling an accusation of copyright infringement—especially against those dedicated to producing original art and performances—is not advice that should be proffered lightly,” Jampol stated. “Especially not when the dissimilarity between these works is so apparent.”

Jampol, along with representatives for Neon and WME, chose not to comment further. Representatives for Franco, Brie, and Shanks also did not respond to requests for comments.