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A California federal jury on Friday exonerated director M. Night Shyamalan and others from allegations that his Apple TV+ series Servant plagiarized an independent filmmaker’s 2013 movie, The Truth About Emanuel. The jury found no evidence that Shyamalan or co-defendant Tony Basgallop, the show’s creator, had access to the film, ending a five-year legal battle with screenwriter Francesca Gregorini, who sought over $81 million in damages.

Jury Clears Defendants of Copyright Infringement

The jury’s decision hinged on a lack of access to The Truth About Emanuel, which starred Jessica Biel and was showcased at Sundance but saw limited box office success. Without proof of access, the jury did not address whether the works were substantially similar.

Basgallop expressed relief after the verdict, calling the trial “a first and hopefully a last” experience. Shyamalan declined to comment, while Gregorini’s attorney, Patrick M. Arenz of Robins Kaplan LLP, also withheld comment.

Disputed Similarities Between Servant and The Truth About Emanuel

Both productions involve delusional mothers who treat lifelike dolls as real infants, hiring nannies to care for them. Gregorini argued these shared elements, among others, were copied from her film, accusing Basgallop of incorporating them into Servant after allegedly struggling to develop a marketable script.

Defending the originality of Servant, Basgallop testified the show was inspired by the real-world practice of grieving mothers using “reborn babies” for emotional support. Shyamalan, who served as executive producer and showrunner, denied having any knowledge of Gregorini’s film before the lawsuit.

Expert Witnesses and Closing Arguments

In closing arguments, Brittany B. Amadi of WilmerHale, representing the defendants, dismissed Gregorini’s claims as unfounded and based on superficial parallels. Bob Gale, co-writer of Back to the Future, testified as a defense expert, asserting that Gregorini “cherry-picked” elements to manufacture similarities.

Conversely, USC professor David Roman, testifying for Gregorini, identified at least 10 key similarities between the two works. Gregorini’s legal team characterized Basgallop’s early drafts as “vulgar and vile trash” and alleged that Servant only became viable after incorporating her film’s core elements.

Legal History and Broader Implications

Gregorini initially sued in 2020, but U.S. District Judge John F. Walter dismissed the case, ordering her to pay $160,000 in legal fees to the defendants. However, the Ninth Circuit revived the lawsuit in 2024, leading to the trial in Judge Sunshine S. Sykes’ courtroom.