Italian-born director Francesca Gregorini has filed a lawsuit against renowned American filmmaker M. Night Shyamalan, accusing him of plagiarizing the theme and core elements of her 2013 independent film, "The Truth About Emanuel," for his Apple TV series, "Servant."
On Tuesday, in a federal court in Riverside, California, Francesca's attorney, Patrick Arenz, captivated the jury by presenting clips from both the film and the series as part of his opening argument. Patrick argued passionately that the two projects share eerie similarities, focusing on a mother who nurtures a doll as if it were her own flesh and blood, along with a nanny who indulges her in this fantastical delusion.
"This case is straightforward," Patrick declared to the jury. "Without 'Emanuel,' there would be no 'Servant.'"
Present in the courtroom were M. Night Shyamalan, the producer of his series Taylor Latham, and Matt Cherniss, the head of programming at Apple TV.
However, Shyamalan's attorney, Brittany Amadi, countered with a strong defense. She presented evidence showing that the British writer Tony Basgallop, who created "Servant," had begun working on the series long before "The Truth About Emanuel" was released, emphasizing that no aspect of the show was borrowed from the film.
"Ms. Gregorini is seeking an unjust windfall," Brittany argued. "She's demanding $81 million for work she didn't contribute to. The truth is, the creators of 'Servant' owe nothing to Ms. Gregorini."
Francesca had initially sued the studio that produced "Servant" in January 2020, shortly after the series began streaming. However, the case was dismissed. Fortunately for Francesca, the 9th Circuit Court of Appeals revisited the case in 2022, acknowledging that there was indeed a genuine dispute between the two projects.
Over the next two weeks, the jury will delve into both "The Truth About Emanuel" and the first three episodes of "Servant." Following this period, Shyamalan and the other creators of the show will testify.
To prove plagiarism, Francesca must establish two critical points: substantial similarity between the two projects and evidence that Shyamalan's team had access to her film.
Starring Jessica Biel and Kaya Scodelario, "The Truth About Emanuel" premiered at the Sundance Film Festival but failed to generate significant revenue. The defense capitalized on this fact, highlighting that the film earned only $226 in Los Angeles and a mere $9 from a single viewer in Philadelphia.
