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Filmmaker M. Night Shyamalan, Apple, and other "Hollywood elite" are accused of stealing from an indie director's film to create the Apple TV+ series Servant, a California federal jury heard during opening statements of an $81 million copyright infringement trial.

Patrick M. Arenz of Robins Kaplan LLP, representing plaintiff Francesca Gregorini, argued that her 2013 film The Truth About Emanuel was the inspiration for Servant, which premiered in November 2019 as part of the launch of Apple’s streaming service, Apple+. Arenz explained that both productions feature a delusional mother who loses a child and treats a doll as a real baby while hiring a nanny to care for the fake infant.

Arenz emphasized the striking similarities between the two projects, stating that the evidence of copying is clear for anyone who watches both. He cautioned the jury not to be influenced by the powerful entertainment figures involved, including Shyamalan, known for The Sixth Sense, and Servant creator Tony Basgallop.

Brittany B. Amadi of WilmerHale, representing the defendants, countered by arguing that the two works are not similar and that no evidence supports Gregorini’s claim that the defendants copied from her film. Amadi pointed out that Servant is a psychological thriller, while Emanuel is a coming-of-age drama. She also argued that the concept of the "reborn doll" is not unique to Gregorini and exists as a coping mechanism for grieving mothers, referencing other films and a BBC documentary on the subject.

Gregorini filed her lawsuit in January 2020, claiming that Servant is a "wholesale copy" of Emanuel, which starred Jessica Biel. In 2020, U.S. District Judge John F. Walter dismissed the suit, ruling that the parallels between the two were insufficient. However, the Ninth Circuit reversed that decision, and in November 2023, U.S. District Judge Sunshine S. Sykes denied the defendants' summary judgment motion, paving the way for the current trial.

During his opening, Arenz highlighted the shared elements between Emanuel and Servant, including the mother's and nanny’s interactions, visual cues, and certain key scenes. He argued that Gregorini created original expressions in her film, which the defendants copied for Servant. Arenz also emphasized the film’s Hollywood recognition, with its premiere at the Sundance Film Festival and its cast, including Jessica Biel and Alfred Molina.

Arenz further pointed out that although Emanuel had modest box office earnings, it was well known in Hollywood. He revealed that Servant earned $81 million in profits for Apple and suggested that Basgallop added the "reborn doll" element to his story only after the release of Emanuel, which, according to Arenz, attracted interest from Apple.

Amadi, responding to Arenz's remarks, called out what she described as "mud-slinging" in Arenz’s opening, suggesting that if the facts were truly on his side, he wouldn't need to resort to such tactics. She reiterated that there was no copying involved in the creation of Servant.

In addition to denying copying, Amadi outlined other potential defenses, including questioning whether Gregorini holds a valid copyright to defend and whether the concept for Emanuel may have originated with another writer credited with a "story by" credit. She also raised concerns about Gregorini’s motivations, noting that she is seeking $81 million for a film that only earned a few thousand dollars at the box office.

The jury was shown the full Emanuel film and was expected to view the first three episodes of Servant—the episodes Gregorini claims were based on her work. The trial is set to resume on Wednesday.

Gregorini is represented by Patrick M. Arenz, Annie Huang, Prateek N. Viswanathan, and Emily E. Niles of Robins Kaplan LLP. The defendants are represented by Brittany B. Amadi of WilmerHale and Cydney Swofford Freeman and Nicolas A. Jampol of Davis Wright Tremaine LLP.

The case is Francesca Gregorini v. Apple Inc. et al., case number 2:20-cv-00406, in the U.S. District Court for the Central District of California.