Director M. Night Shyamalan went on trial Tuesday for allegedly copying an independent film to make his Apple TV+ show “Servant.”
Italian-born director Francesca Gregorini is suing Shyamalan and Apple for $81 million, alleging that key elements were stolen from her 2013 film “The Truth About Emanuel.”
Her attorney, Patrick Arens, showed clips from both projects to jurors during opening statements Tuesday in federal court in Riverside, California. Both claimed to depict delusional mothers and nannies who care for dolls as if they were real babies. People who are complicit in delusions.
“This is a simple case,” Arents told jurors. “Without ‘Emmanuel’, there is no ‘Servant'”
Shyamalan was seated behind his defense attorney along with producer Taylor Latham and Apple TV+ programming executive Matt Charnis. British author Tony Basgallop, the author of the series, sat at the defense table, and Gregorini sat with his lawyers at the plaintiffs’ table.
When it was the defense’s turn, attorney Brittany Amadi said Bassgallop began developing the show years before The Truth About Emanuel was released and that those involved in the show never used the movie as a reference. He claimed that there was no such thing.
“MS. Gregorini is looking for a windfall here,” Amadi said. “She’s seeking $81 million for work she didn’t do. The truth is, the creators of ‘Servant’ owe Ms. Gregorini nothing.”
Gregorini filed the lawsuit in January 2020, shortly after “Servant” debuted on the platform. A federal judge initially dismissed the case months later, but the Ninth Circuit Court of Appeals reopened the case in 2022, ruling that the true dispute over whether the two works were “substantially similar” It was confirmed that there was. Judge Sunshine Sykes denied Apple’s motion for summary judgment in November, ordering that the case would have to be settled by a jury.
Mr. Shyamalan is expected to testify along with other show producers. Jurors will begin the case by watching “The Truth About Emmanuel” and the first three episodes of “The Servant.”
The Truth About Emmanuel stars Jessica Biel and Kaya Scodelario and premiered at the Sundance Film Festival. It didn’t make any money. The defense presented evidence that the film made just $226 at the box office in Los Angeles and $9 from each viewer in Philadelphia.
Mr. Allens pointed out that most independent films lose money at the box office, but the point was to expose Gregorini’s career as a director. She went on to direct television episodes such as “Killing Eve” and “Electric Dreams.”
To prove copyright infringement, a plaintiff must prove both substantial similarity and that the defendant had access to the infringing work. Arends said “Emanuel” is widely available on platforms such as iTunes, and Apple TV executive Max Aronson is aware of Gregorini’s work and has a link to “Emanuel” in his inbox. said.
He also said Bassgallop’s early scripts contained “vulgar and obscene” elements, including rape, incest and violent pornography, which explains why it failed to garner attention. insisted. He claimed that it was only a few years later, after the release of “Emmanuel,” that Bassgallop incorporated a story about a delusional mother and a doll.
“Defendants would not have made a penny without the original and unique elements of ‘Emanuel,'” he argued.
Amadi countered that there are many differences between the two projects, including the genre.
“‘Servant’ is a supernatural thriller,” she said. “‘Emanuel’ is a moving youth drama.”
She also said that the “reborn dolls” existed as a therapeutic aid to help patients cope with grief, and that the show’s creators were free to depict real life.
“MS. Gregorini did not invent the idea of reincarnated dolls,” she said. “You can’t own facts, and you can’t own ideas.”
Both lawyers also sought to emphasize their clients’ humble origins while touting the relative influence of the other side. Amadi pointed out that Shyamalan was born in India and grew up in Philadelphia without any ties to the entertainment industry. She also said that Gregorini’s father is an “Italian count”, his mother is a Bond girl, his stepfather is Ringo Starr, and that part of the funding for “Emmanuel” is provided by “German princess” Tatiana von Fürste. It was also mentioned that it was provided by Nberg.
Allens said Gregorini had an “unconventional upbringing”, with parents who abused drugs and alcohol, and that she overcame those challenges by telling her story. He also noted that she had chosen to sue “some of the biggest names in Hollywood” and said he hoped Apple’s legal team would handle the matter “smoothly.”
“We’re talking about Hollywood’s elite here,” he said.
Amadi accused the plaintiffs’ lawyers of engaging in a “muddy war” when they referred to “disgusting and disturbing” aspects of Bassgallop’s initial script. After the jury was excused, she asked the judge not to bring up these factors, saying they would prejudice the jury. Arents said he had no objections and the script was approved for exhibit. Ms Sykes said she would address any objections.
The trial is expected to last about two weeks.
