Critically acclaimed filmmaker M. Night Shyamala is in hot waters for an alleged copyright case that accuses him of copying an independent film for making the Apple TV+ series Servant.
Shyamalan went to trial on Tuesday as Italian-born director Francesca Gregorini is suing him and the studio for $81 million USD over allegedly copying stealing key elements from her 2013 independent film The Truth About Emanuel. Gregorini’ attorney Patrick Arenz showed jurors a clip of both projects in his opening statement, arguing that they both follow the story line where they depict “a delusional mother who cares for a doll as though it is a real baby, and a nanny who is complicit in the delusion.” He told the jury, “This is a simple case. There would be no Servant without Emanuel.”
Gregorini sued the studio in January 2020 when the series debuted but the case was eventually thrown out. It was later revived by the 9th Circuit Court of Appeals in 2022. Judge Sunshine Sykes has denied Apple’s motion for a summary judgement back in November, ordering the lawsuit go to a jury. Shyamalan is said to testify alongside the creators of the show.
Shymalan’s attorney Brittany Amadi argued that both projects are vastly different, especially their genres, “Servant is a supernatural thriller. Emanuel is an emotional coming-of-age drama.” Amadi also brought up that Shyamalan upbringing gave him no entertainment industry connections and noted that Gregorini’s father is an “Italian count,” her mother was a Bond girl and her stepfather is Ringo Starr. Amadi also noted that the film was partially financed by “a German princess,” Tatiana von Fürstenberg. The trial is expected to last two weeks.
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