M. Night Shyamalan Begins Trial for $81 Million Copyright Lawsuit Over ‘Servant’

In 2020, Italian director Francesca Gregorini sued M. Night Shyamalan and Apple TV+ for copyright infringement. The lawsuit alleges that the Shyamalan-directed series Servant, which ran for four seasons on the streaming platform, infringes on elements from her 2013 movie The Truth About Emanuel. On Tuesday, the case seeking $81 million went to trial in Riverside, California and a set of jurors received a binge-watching assignment as part of their duties.

The jury will watch the first three episodes of Servant, which premiered in 2019. The series follows a couple reeling from the death of their son. The mother, portrayed by Lauren Ambrose, is consumed by grief to the point of delusion after replacing the baby with a reborn doll she now believes to be alive. When she hires a nanny to care for the doll, the illusion intensifies.

The jury has also been tasked with watching The Truth About Emanuel in full. The film stars Jessica Biel as Linda, a woman who hires a babysitter to care for her baby who is actually a doll. Emanuel, the 17-year-old who takes the job, is dealing with her own trauma and carrying guilt from her mother dying during childbirth. Their intertwined stories are marked by anguish and suspicion.

According to Variety, Gregorini’s attorney Patrick Arenz pointed out the similarities between the show and film, claiming, “This is a simple case. There would be no Servant without Emanuel.” He added that the film was available on iTunes and the director had prior interactions with the Apple TV executive Max Aronson related to the film. Arenz argued that while Tony Basgallop, who wrote Servant, might have started the series before Gregorini’s film was released, it didn’t include the plot line of a grief-stricken mother caring for a doll until after Emanuel was widely available.

Brittany Amadi, attorney for the defense, highlighted differences in genre between the film and series. “Servant is a supernatural thriller,” she said. “‘Emanuel’ is an emotional coming-of-age drama.” She also argued against Gregorini’s claim to ownership over the use of a reborn doll. “You can’t own a fact, and you can’t own an idea,” she said.

Arenz also argued that “the defendants would not have made one dime of profit without the original and unique elements of Emanuel.” The film itself grossed less than $300 in theaters following its premiere at Sundance Film Festival. Revenue earned from Servant was not disclosed.

Shyamalan will be expected to testify during the trial, which is predicted to last for two weeks. Producer Taylor Latham and Apple TV+ head of programming Matt Cherniss were also present when the trial began.