M. Night Shyamalan Begins Trial for $81 Million Lawsuit by Italian Filmmaker Francesca Gregorini for Stealing From her Independent Film For his Apple+ Show

Trail began this week for M. Night Shyamalan who’s being sued by Italian American filmmaker Francesca Gregorini for allegedly copying from an independent film to make the Apple TV+ show “Servant.” Gregorian, who’s seeking $81 million, alleges that the Indian American filmmaker “stole key elements” from her 2013 film “The Truth About Emanuel,” according to Variety.  The trial began on Jan. 14 in Riverside, California.

Gregorini sued Shyamalan in January 2020, shortly after “Servant” debuted on Apple TV+, the Variety report said. She had previously filed a copyright lawsuit against Shyamalan, AV Club reported. In that lawsuit, Gregorian referred to Shyamalan’s work as “gender arrogance,” and argued that “Servant” is a “caricature of the male gaze” and a “bastardization “of her work. That case was tossed out months later, with a federal judge ruling that the series “did not copy protectable elements” from her film, according to JDSupra. Additionally, Gregorini was ordered to pay the defendant’s legal fees of $162,467. 

But the 9th Circuit Court of Appeals revived the suit in 2022. Despite Apple’s attempts to get the suit thrown out again, the judge ordered a jury trial. 

One of the main assignments for the jury is a binge match assignment, Rolling Stone reported. That includes 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. 

In the opening statements on Jan. 14, Gregorini’s attorney, Patrick Arenz, showed jurors clips of both projects during his opening statement on Tuesday in federal court in Riverside, Calif. He argued that both 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. Variety reported. “This is a simple case,” Arenz told the jury. “There would be no ‘Servant’ without ‘Emanuel.’”

When it was the defense’s turn, attorney Brittany Amadi argued that [British screenwriter Tony] Basgallop began developing the show years before “The Truth About Emanuel” was released, and that those involved with the show never drew on the film. “Ms. Gregorini is seeking a windfall here,” Amadi said. “She’s seeking $81 million for work she didn’t do. The truth is the creators of ‘Servant’ do not owe anything to Ms. Gregorini.”

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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.

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.

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.