M. Night Shyamalan Faces $81 Million Lawsuit Related to Servant Series

M. Night Shyamalan’s critically acclaimed thriller series, Servant, which aired on Apple TV+, has concluded, but the controversy surrounding it continues to unfold. A legal battle that began in 2020 is now reigniting as the trial progresses, drawing attention from both fans and the film industry.

The dispute originated when filmmaker Francesca Gregorini filed a lawsuit against key figures associated with Servant, including producer Tony Basgallop, M. Night Shyamalan, and Apple itself. She asserts that the show borrows narrative elements from her independent 2013 film, The Truth About Emanuel. The initial copyright claim was dismissed but was later revived in early 2022, leading to a trial by jury.

Details of the Copyright Case

In court proceedings that commenced today, Shyamalan and his team aimed to contest Gregorini’s allegations, emphasizing the originality of their series and its core themes. The crux of Gregorini’s argument rests on the similar plots of both works—where a grieving mother forges a bond with a young woman who babysits a doll treated as a living child.

M. Night Shyamalan speaking at the 2016 WonderCon — Wikimedia Commons

The jury will view both The Truth About Emanuel and the first three episodes of Servant to assess whether the similarities are significant. According to reports, Judge John F. Walter initially dismissed the lawsuit, stating that the two projects lacked sufficient similarity to side with Gregorini. However, the 9th Circuit U.S. Court of Appeals deemed the dismissal to be premature and inappropriate.

Establishing copyright infringement presents challenges; the plaintiff must prove not only substantial similarity but also that the defendant had access to the original work. The defense team argued that Gregorini’s film had a modest box office performance—only $226 in Los Angeles and a singular $9 ticket sale in Philadelphia, ironically Shyamalan’s hometown. In contrast, the plaintiff maintained that the film’s presence online made it accessible to industry professionals, including Max Aronson of Apple TV.

The trial is projected to last approximately two weeks, and if the jury rules in favor of Gregorini, the outcome could result in damages totaling up to $81 million. The implications of this case could have far-reaching effects on copyright law and creative expression within the industry.

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