M Night Shyamalan is facing a copyright infringement trial, accused of copying key elements from an independent film to create his Apple TV+ series, "Servant". Italian-born filmmaker Francesca Gregorini has sued Shyamalan and Apple, seeking $81 million, alleging that the show borrows from her 2013 film, "The Truth About Emanuel".

During the trial's opening on Tuesday in federal court in Riverside, California, Gregorini's lawyer, Patrick Arenz, presented clips from both works, asserting that they share striking similarities. Both the movie and the series portray a delusional mother caring for a doll as though it were a real baby, with a nanny who supports the illusion.

Shyamalan was seated with producer Taylor Latham and Apple TV+ programming head Matt Cherniss. Tony Basgallop, the British creator of "Servant", was present at the defence table. Gregorini sat with her legal team at the plaintiff's table.

Basgallop's attorney, Brittany Amadi, dismissed the claims, stating that the development of "Servant" began long before "The Truth About Emanuel" was released. Amadi insisted that neither Shyamalan nor the show's creators had used Gregorini's work as inspiration. "Ms Gregorini is seeking $81 million for work she didn't do," she said. "The creators of 'Servant' do not owe her anything."

Gregorini first sued in 2020, soon after "Servant" premiered. A federal judge initially dismissed the case, but it was revived in 2022 by the ninth Circuit Court of Appeals, which found substantial similarities between the two works. In November, Judge Sunshine Sykes rejected Apple's request for summary judgment, allowing the lawsuit to proceed to a jury trial.

Over the next two weeks, jurors will view Gregorini's film, "The Truth About Emanuel", as well as the first three episodes of "Servant", to assess the alleged similarities.

"The Truth About Emanuel", which stars Jessica Biel and Kaya Scodelario, screened at the Sundance Film Festival but failed to turn a profit. The defence highlighted that the film grossed only $226 in Los Angeles and a mere $9 in Philadelphia. However, Arenz argued that the film's primary purpose was to gain visibility for Gregorini's directing career, which has since led to her directing episodes for popular shows like "Killing Eve" and "Electric Dreams".

To prove copyright infringement, Gregorini must demonstrate both substantial similarity and that Shyamalan's team had access to her work. Arenz suggested that "Emanuel" was widely accessible on platforms like iTunes, and that an Apple TV executive, Max Aronson, had a link to the film in his email inbox. He also contended that Basgallop's original drafts for "Servant" included controversial themes of rape, incest, and pornography, which he claimed did not attract interest until later revisions more closely resembled "Emanuel".

In contrast, Amadi highlighted the differences between the two projects, stating, "'Servant' is a supernatural thriller, while 'Emanuel' is a coming-of-age drama." She also emphasised that reborn dolls, like those featured in both works, are real therapeutic aids used to cope with grief. "Ms Gregorini did not invent the concept of reborn dolls," she added, noting that facts and ideas cannot be copyrighted.

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Both sides tried to humanise their clients during the proceedings. Amadi described Shyamalan's modest beginnings, mentioning that he was born in India and grew up in Philadelphia without industry connections. Meanwhile, Arenz highlighted Gregorini's unconventional upbringing, overcoming family struggles with addiction to succeed as a storyteller.

The defence accused Gregorini's legal team of "mudslinging," particularly over their focus on the disturbing content of Basgallop's early scripts. After the jury left the room, Amadi requested that such references be excluded, arguing they could unfairly bias the jurors. The judge, however, stated she would address the issue as objections arose.

The trial is expected to last two weeks, with Shyamalan and other key figures from the show set to testify.