Screenwriter Sued Netflix Over Film Apex
A federal lawsuit claims Netflix’s 2026 film Apex infringed on a screenplay from 2019.
Updated on Sept. 22, 2026 in Science Fiction
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Writer Amy Giaquinto has filed a copyright infringement lawsuit against Netflix and producers including Charlize Theron. The complaint alleges that the film Apex copied her 2019 screenplay titled The Only Way Out.
Why it matters
The lawsuit highlights the ongoing tension between original creators and major production houses over intellectual property ownership. Giaquinto contends that her work was improperly utilized after she corresponded with the defendants for several years.
The film Apex served as Netflix's top English-language film worldwide for two consecutive weeks following its debut in April 2026. The lawsuit details 40 pages of claimed similarities including plot, dialogue, and character elements.
The players
Amy Giaquinto
She is the writer who registered the screenplay The Only Way Out with the Writers Guild of America in 2019.
Netflix
This is a global streaming service and production company that released the film Apex.
Charlize Theron
She is a producer named as a defendant in the copyright infringement lawsuit filed by Giaquinto.
Beth Kono
She is a producer named as a defendant in the legal action brought against Netflix.
Jeremy Robbins
He is a producer named in the lawsuit regarding the alleged copying of the screenplay.
The details
The lawsuit, filed in Los Angeles, asserts that the opening sequence of Apex is a scene-for-scene reproduction of Giaquinto's script. The plaintiff claims the material reached Netflix producers through industry distribution channels during the period of 2021 to 2025.
Timeline
Amy Giaquinto registered her screenplay in 2019.
Correspondence with defendants occurred between 2021 and 2025.
Netflix released the film Apex in April 2026.
The lawsuit was filed on September 21, 2026.
Industry Dynamics
This litigation follows the pattern established by high-profile copyright disputes involving independent writers and major streaming platforms. It underscores the challenges independent creators face in protecting intellectual property as streaming platforms increasingly dominate the market.
The lawsuit does not immediately impact the availability of the film Apex on the Netflix platform for current subscribers. Future court rulings could influence how streaming services vet screenplays and manage original content development moving forward.
The takeaway
Creators should ensure their work is formally registered with unions or legal bodies to strengthen their position in disputes. Maintaining thorough records of all industry correspondence is critical for substantiating claims of intellectual property theft.
Further reading
Learn more about the latest industry disputes in our Science Fiction section.
Source note: This article includes information reported by Court House News Service.
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