Ninth Circuit upholds Apple and M. Night Shyamalan copyright victory

The US Court of Appeals for the Ninth Circuit has upheld a jury verdict in favor of Apple and director M. Night Shyamalan regarding a copyright infringement lawsuit. The case centered on allegations that the Apple TV+ series ‘Servant’ copied elements from Francesca Gregorini’s 2013 independent film, ‘The Truth About Emanuel’. Both works involve a grieving mother who forms an attachment to a realistic doll.

Gregorini, who sought up to $81 million in damages, appealed the previous jury decision, arguing that the trial court provided inadequate instructions regarding ‘widespread dissemination’. She contended that the jury should have more clearly considered whether the creators of ‘Servant’ had potential access to her film within the entertainment industry.

However, the appellate court rejected these arguments. The original jury had unanimously ruled that Gregorini failed to establish that the makers of ‘Servant’ had access to her work prior to the series' development. Because access is a required element to prove copyright infringement, the court maintained that the jury's finding was decisive, rendering the question of substantial similarity unnecessary to resolve.