M. Night Shyamalan faces $81 million copyright trial over OTT show 'Servant'

Filmmaker M. Night Shyamalan is facing a trial over allegations that he copied from an independent film to make the streaming show 'Servant'.

The show streams on Apple TV+. Francesca Gregorini, an Italy born director, is suing Shyamalan and Apple for $81 million, alleging that the show stole key elements from her 2013 movie, 'The Truth About Emanuel', reports 'Variety'.

Her attorney, Patrick Arenz, showed jurors clips of both projects during his opening statement on Tuesday in federal court in Riverside, California.

As per 'Variety', 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.

"This is a simple case", Arenz told the jury. "There would be no 'Servant' without 'Emanuel'".

M. Night Shyamalan sat behind the defense attorneys, alongside producer Taylor Latham and Matt Cherniss, the head of programming at Apple TV+. Tony Basgallop, the British writer who created the series, sat at the defense counsel table, while Gregorini sat with her lawyers at the plaintiffs' table.

When it was the defense's turn, attorney Brittany Amadi argued that 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". Gregorini sued in January 2020, shortly after 'Servant', debuted on the platform.

A federal judge initially threw out the case a few months later, but the 9th Circuit Court of Appeals revived it in 2022, finding a genuine dispute over whether the two works are "substantially similar".

Judge Sunshine Sykes denied Apple's motion for summary judgment in November, ordering that the suit would have to be settled by a jury.