Federal judge throws out Francesca Gregorini’s copyright lawsuit against M. Night Shyamalan’s Servant
A federal judge has thrown out a copyright lawsuit alleging M. Night Shyamalan had plagiarized Francesca Gregorini’s 2013 movie The Truth About Emanuel for his new Apple TV+ series Servant.
Both projects centered on grieving mothers using dolls to process their loss and forming intimate relationships with female ‘nannies.’
‘Beyond this unprotectable shared premise, the works’ storylines diverge drastically and quickly,’ Judge John F. Walter wrote – according to Variety.
Denied! A federal judge has thrown out a copyright lawsuit alleging M. Night Shyamalan (L) had plagiarized Francesca Gregorini’s (R) 2013 movie The Truth About Emanuel for his new Apple TV+ series Servant
Double take: Both projects centered on grieving mothers using dolls to process their loss and forming intimate relationships with female ‘nannies’
‘In sum, the alleged similarities between the works pale in comparison to the differences in the plot, themes, dialogue, mood, setting, pace, characters, and sequence of events, and the Court concludes that the works at issue are not substantially similar as a matter of law.’
The dismissal will disappoint the 51-year-old Sundance Grand Jury Prize nominee, who publicly shared side-by-side stills to ‘prove how blatant the similarities were’ back in January.
Gregorini is unable to amend and refile her lawsuit since the judge dismissed it ‘with prejudice’ and concluded she ‘overstated’ Shyamalan had ‘bastardized’ her indie flick ‘through a male gaze.’
Adding insult to injury, the twist-loving 49-year-old tweeted on March 5 that they are ‘half way done shooting the second season of Servant’ which has been ‘incredible.’
Judge John F. Walter wrote: ‘Beyond this unprotectable shared premise, the works’ storylines diverge drastically and quickly…the Court concludes that the works at issue are not substantially similar as a matter of law’
‘The culture of appropriation that is clearly at work in our industry’: The dismissal will disappoint the 51-year-old Sundance Grand Jury Prize nominee, who publicly shared side-by-side stills to ‘prove how blatant the similarities were’ back in January
‘#notyourservant’: Gregorini is unable to amend and refile her lawsuit since the judge dismissed it ‘with prejudice’ and concluded she ‘overstated’ Shyamalan had ‘bastardized’ her indie flick ‘through a male gaze’
‘It’s been incredible’: Adding insult to injury, the twist-loving 49-year-old tweeted on March 5 that they are ‘half way done shooting the second season of Servant’
The two-time Oscar nominee was previously accused of plagiarism over his 2002 alien invasion drama Signs and his 2004 Amish-style drama The Village.
Robert McIlhinney sued M. Night (born Manoj Nelliyattu) in 2003 alleging he stole ideas for Signs from his unproduced screenplay Lord of the Barrens: The Jersey Devil.
And young-adult author Margaret Peterson Haddix believed the Glass filmmaker stole the mission of his Village teenager and twist from her award-winning 1995 novel, Running Out of Time.
Since the drama over The Truth About Emanuel, Gregorini – who’s the stepdaughter of Beatles drummer Ringo Starr – has helmed two episodes of BBC America’s Killing Eve.
Teflon: The two-time Oscar nominee (L) was previously accused of plagiarism over his 2002 alien invasion drama Signs and his 2004 Amish-style drama The Village (pictured)
At the helm: Since the drama over The Truth About Emanuel, Gregorini – who’s the stepdaughter of Beatles drummer Ringo Starr – has directed two episodes of BBC America’s Killing Eve (pictured in 2019)