M. Night Shyamalan faces $81 million lawsuit over Apple TV’s ‘Servant’

Director M. Night Shyamalan went on trial Tuesday over allegations he copied an independent film to make the Apple TV+ show “Servant.”

Francesca Gregorini, an Italian-born director, is suing Shyamalan and Apple for $81 million, alleging the series stole key elements from her 2013 film, “The Truth About Emanuel.”

His attorney, Patrick Arenz, showed jurors excerpts from both drafts during his opening statement Tuesday in federal court in Riverside, California. He argued that both depict a delusional mother who cares for a doll as if it were a real baby, and a nanny. who is complicit in the delirium.

“It’s a simple case,” Arenz told the jury. “There would be no “Servant” without “Emanuel”.

Shyamalan sat behind the defense attorneys, alongside producer Taylor Latham and Matt Cherniss, head of programming at Apple TV+. Tony Basgallop, the British writer who created the series, sat at the defense attorneys’ table, while Gregorini sat with his attorneys at the plaintiffs’ table.

When it was the defense’s turn, attorney Brittany Amadi argued that Basgallop began developing the series years before “The Truth About Emanuel” was released, and that those involved in the series had not never inspired by the film.

“MS. Gregorini is looking for a bargain here,” Amadi said. “She’s looking for $81 million for work she didn’t do. The truth is that the creators of ‘Servant’ don’t owe Ms. Gregorini anything.

Gregorini filed the lawsuit in January 2020, shortly after “Servant” debuted on the platform. A federal judge initially dismissed the case a few months later, but the 9th Circuit Court of Appeals revived it in 2022, finding a real dispute over whether the two works are “substantially similar.” Judge Sunshine Sykes denied Apple’s motion for summary judgment in November, ordering the case to be decided by a jury.

Shyamalan is expected to testify, alongside other creators of the series. Jurors will begin the case by watching “The Truth About Emanuel” and the first three episodes of “Servant” in their entirety.

“The Truth About Emanuel” starred Jessica Biel and Kaya Scodelario and played at the Sundance Film Festival. It didn’t make any money. The defense showed that the film grossed only $226 in Los Angeles and only $9 – for one viewer – in Philadelphia.

Arenz noted that most independent films lose money, but the goal was to raise awareness of Gregorini’s directing career. She has directed television episodes, including “Killing Eve” and “Electric Dreams.”

To prove copyright infringement, the plaintiff must demonstrate both substantial similarity and that the defendant had access to the infringed work. Arenz said “Emanuel” was widely available on platforms such as iTunes and that Max Aronson, an Apple TV executive, was aware of Gregorini’s work and had a link to “Emanuel” in his inbox.

He also argued that Basgallop’s early scripts contained “vulgar and vile” elements, including rape, incest and violent pornography, which he said explained why they failed to arouse interest. It was only years later, after the release of “Emanuel,” he argued, that Basgallop incorporated the narrative involving the delusional mother and the doll.

“Defendants would not have made a single cent of profit without Emanuel’s original and unique materials,” he argued.

Amadi countered that the two projects have many differences, starting with their genres.

“‘Servant’ is a supernatural thriller,” she said. “‘Emanuel’ is an emotional coming-of-age drama.”

She also noted that “reborn dolls” exist as therapeutic aids to help patients cope with grief, and that the series’ creators were free to draw inspiration from real life.

“MS. Gregorini did not invent the idea of ​​a reborn doll,” she said. “You cannot own a fact or an idea. »

Both lawyers also sought to emphasize the modest origins of their clients, while highlighting the relative influence of the other side. Amadi noted that Shyamalan was born in India and raised in Philadelphia with no ties to the entertainment industry. She also noted that Gregorini’s father was an “Italian count”, that his mother was a Bond girl, that his stepfather was Ringo Starr and that “Emanuel” was partly financed by “a German princess”, Tatiana von Furstenberg.

Arenz said Gregorini had an “unconventional upbringing,” that her parents abused drugs and alcohol, and that she overcame these difficulties through storytelling. He also pointed out that she chose to pursue “the biggest names in Hollywood” and said he expected Apple’s defense lawyers to be “smooth.”

“We’re talking about the Hollywood elite here,” he said.

Amadi accused the plaintiff’s lawyer of “disparagement” when he referred to the “disgusting and disturbing” aspects of Basgallop’s early scripts. After the jury was excused, she asked the judge to forbid her from discussing these elements, believing that it would prejudice the jurors. Arenz objected, saying the scripts had been approved as exhibits without opposition. Sykes said she would address any objections as they arise.

The trial is expected to last approximately two weeks.