Screenwriter sues Netflix, Theron alleging 'Apex' copied her 2019 script

Amy Giaquinto sued Netflix and Charlize Theron alleging 'Apex' copied her 2019 script.

On September 21, 2026, screenwriter Amy Giaquinto filed a copyright infringement lawsuit against Netflix, actress Charlize Theron, and others over the 2026 thriller film Apex. Giaquinto claims that the movie, which premiered on Netflix on April 24, 2026, is a direct copy of her 2019 screenplay titled The Only Way Out, registered with the Writers Guild of America.

According to Giaquinto, Apex mirrors numerous protectable elements from her original script, including the plot, sequence of events, characters, themes, dialogue, descriptions, mood, and setting. She alleges that the film's opening sequence is a near scene-for-scene reproduction, replicating specific visual shots and dialogue from her screenplay.

The lawsuit details over 40 pages of purported similarities, suggesting the alleged infringement extends well beyond isolated scenes or general ideas. Giaquinto stated, "Defendants have brazenly infringed upon and incorporated numerous protectible elements from The Only Way Out into Apex, including plot, sequence, characters, theme, dialogue, descriptions, mood, and setting." She further emphasized that the similarities are "not limited to isolated events or general ideas."

Apex stars Charlize Theron as Sasha, a grieving woman trapped in a deadly game with a ruthless predator in the Australian wilderness. The film’s storyline and key elements form the core of the dispute.

This case adds to a series of recent legal challenges facing Netflix regarding intellectual property, such as lawsuits involving a documentary by Tyra Banks and a producer’s claim over a lost Nicolas Cage movie. The outcome may have significant implications for how creative works are protected amid the rise of streaming platforms producing original content.