Amy Giaquinto: Files Netflix Apex Copyright Lawsuit

• Screenwriter Amy Giaquinto is suing Netflix, Charlize Theron, and other producers for copyright infringement related to the film "Apex."
• Giaquinto alleges that the 2026 Netflix film "Apex" copied numerous protectible elements from her 2019 screenplay, "The Only Way Out."
• The lawsuit claims defendants had access to Giaquinto's WGA-registered script, which was previously submitted to Netflix producers and subsequently rejected.
• Specific allegations include a scene-for-scene reproduction of "Apex's" opening sequence and over 40 pages of other detailed similarities.
• Giaquinto is seeking damages, asserting that "Apex" is a derivative work created without permission or authorization from her original screenplay.

This case underscores the significant legal risks faced by major studios and producers when developing new projects that bear striking resemblances to previously submitted or reviewed screenplays, even if those submissions were initially rejected.

Award-winning screenwriter Amy Giaquinto has initiated a copyright infringement lawsuit against streaming giant Netflix, actress and producer Charlize Theron, and several other film producers. The complaint, filed recently, alleges that the 2026 Netflix film "Apex," which was released in April, unlawfully copied numerous elements from Giaquinto's 2019 screenplay titled "The Only Way Out."

Giaquinto's original work, which she copyrighted and registered with the Writers Guild of America, centers on a grieving woman who finds herself pursued through the wilderness. After gaining industry recognition through various writing competitions, "The Only Way Out" was reportedly submitted to Netflix producers. The lawsuit contends that the defendants subsequently reproduced the screenplay's core ideas and specific details in their production of "Apex," without proper credit or authorization.

The screenwriter is seeking damages, asserting that the similarities between the two works extend beyond general concepts to encompass specific protectible elements. This Amy Giaquinto Netflix Apex copyright lawsuit highlights a recurring challenge within the entertainment industry regarding intellectual property and the protection of creative works.

The lawsuit details extensive similarities between "The Only Way Out" and "Apex," claiming that the Netflix film incorporates elements such as plot, sequence, characters, theme, dialogue, descriptions, mood, and setting. Giaquinto's complaint specifies that these resemblances are not merely isolated incidents but represent a pervasive copying of her work. The filing itself reportedly includes more than 40 pages outlining these purported similarities.

A central point of contention is the opening sequence of "Apex." The film begins with a married couple engaged in technical wall climbing, featuring Charlize Theron's character, Sasha, positioned above her husband. Following a fall by Theron's character, debris strikes and injures her husband, leading to his eventual death. Giaquinto asserts that this entire sequence, including specific visual shots and dialogue, is a scene-for-scene reproduction of material from her screenplay.

Further allegations of screenplay copyright infringement against Netflix include shared details such as the widow's interactions with her deceased husband's memorabilia, encounters with law enforcement, and various aspects of her journey through the wilderness. The plaintiff also points to similarities in the chronological order of events, the physical circumstances surrounding them, and the characters' emotional and behavioral responses.

A critical component of Giaquinto's claim rests on the assertion that the defendants had direct access to her screenplay. She states that "The Only Way Out" was widely circulated within the movie industry before the production and release of "Apex." The lawsuit suggests that Jeremy Robbins, identified as the alleged writer of "Apex," may have discovered and misappropriated Giaquinto's copyrighted material, potentially sharing it with the other defendants.

Evidence of prior communication between Giaquinto and the defendants is also cited in the complaint, detailing correspondence that occurred between 2021 and 2025. During this period, Giaquinto's script was passed to Netflix producers. Producer Beth Kono, named as a defendant, reportedly conveyed a rejection to another producer marketing the script, stating, "We took a look and while we enjoyed Amy’s writing, we didn’t quite connect enough with it to want to pursue," and adding, "I think I mentioned to you on the phone that our action slate is pretty full currently so if we took another one on, we’d really have to love it." This exchange is presented as proof of the defendants' prior knowledge of Giaquinto's work.

An attorney representing Giaquinto emphasized the perceived injustice of major companies, such as Netflix, allegedly exploiting the creative efforts of screenwriters without proper acknowledgment or compensation. This Charlize Theron Apex copyright claim underscores the importance of the Writers Guild of America screenplay registration as a protective measure for authors.

This case underscores the significant legal risks faced by major studios and producers when developing new projects that bear striking resemblances to previously submitted or reviewed screenplays, even if those submissions were initially rejected. The "Netflix Apex The Only Way Out lawsuit" serves as a potent reminder of the legal standard requiring both 'access' to the original work and 'substantial similarity' for a successful copyright infringement claim.

For screenwriters, this film intellectual property dispute highlights the ongoing battle to protect their creative output against alleged appropriation by powerful industry players. It reinforces the necessity of formally registering their works and meticulously documenting all submissions and communications. Conversely, for entertainment companies, the lawsuit emphasizes the critical need for robust internal protocols regarding script submissions, idea generation, and comprehensive documentation to mitigate exposure to such claims and safeguard against potential legal and reputational damage.

This case highlights the significant copyright infringement risks faced by film studios and producers when developing projects that bear similarities to previously submitted or reviewed screenplays, even if rejected. Lawyers advising entertainment companies should reinforce strict internal protocols for script submissions, idea generation, and documentation to mitigate exposure to 'access and substantial similarity' claims, while lawyers representing screenwriters can use this as an example of pursuing claims against major players for alleged idea theft.

Source: Original reporting via Courthouse News Service