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On Tuesday, the 9th Circuit Court of Appeals ruled that director Francesca Gregorini’s film “The Truth About Emanuel” was similar enough to Shyamalan’s “Servant” to support Gregorini’s claims. The Court of Appeals decision reserved a previous ruling by a lower court.
Apple and director Shyamalan were sued by Gregorini in 2020 for copyright infringement. Gregorini claimed Shyamalan’s Apple TV+ programme “Servant” was a “brazen” copy of her film “The Truth About Emanuel.”
Both of the films in question centre around a mother who is grieving the death of her baby and comes to form an attachment to a life-like doll which she begins to care for as though it were real. In both films, the nanny supports the mother in her over-attentive care of the doll.
Later in 2020, US District Judge John Walter dismissed the case, arguing the works’ similarities were “pale in comparison” to the variations in their plots, dialogue, and themes.
However, on Tuesday, a three-judge 9th Circuit panel reinstated Gregorini’s case. The decision also reversed Apple and Shyamalan’s attorneys’ fees award of $160,000.
