Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 1 of 42 Page ID #:1
`
`ERIKSON LAW GROUP
`Antoinette Waller (SBN 152895)
`David Alden Erikson (SBN 189838)
`S. Ryan Patterson (SBN 279474)
`200 North Larchmont Boulevard
`Los Angeles, California 90004
`Telephone: 323.465.3100
`Facsimile: 323.465.3177
`
`Attorneys for Plaintiff Francesca Gregorini
`
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
`
` Case No.
`
`COMPLAINT AGAINST APPLE,
`INC., ET AL, FOR COPYRIGHT
`INFRINGEMENT; REQUEST FOR
`PERMANENT INJUNCTION
`
`DEMAND FOR JURY TRIAL
`
`FRANCESCA GREGORINI,
`
`Plaintiff,
`
`v.
`
`APPLE, INC, a California corporation;
`M. NIGHT SHYAMALAN, an
`individual, BLINDING EDGE
`PICTURES, INC., a Pennsylvania
`corporation; UNCLE GEORGE
`PRODUCTIONS; a Pennsylvania
`corporation; ESCAPE ARTISTS LLC,
`a California limited liability company;
`DOLPHIN BLACK PRODUCTIONS,
`a California corporation; TONY
`BASGALLOP, an individual; ASHWIN
`RAJAN, an individual; JASON
`BLUMENTHAL, an individual; TODD
`BLACK, an individual; STEVE TISCH,
`an individual; and DOES 1-10,
`inclusive
`
`
`
`
`Plaintiff Francesca Gregorini brings this action against Defendants Apple, Inc.
`
`(“Apple”); M. Night Shyamalan (“Shyamalan”); Blinding Edge Pictures, Inc.
`(“Blinding Edge”); Uncle George Productions; Escape Artists LLC; Dolphin Black
`Productions; Tony Basgallop; Ashwin Rajan; Jason Blumenthal; Todd Black; Steve
`Tisch; and DOES 1-10, inclusive.
`
`
`Defendants.
`
`
`
`
`
`
`
`COMPLAINT
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 2 of 42 Page ID #:2
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`E R I K S O N
`L A W G R O U P
`
`L O S A N G E L E S C A
`
`A T T O R N E Y S
`
`I.
`INTRODUCTION
`Apple TV+ and M. Night Shyamalan are heavily promoting their original
`1.
`series Servant—one of eleven shows launching the ambitious new streaming service
`billed as a game-changing new product from the world’s most valuable company.
`Apple claims that what distinguishes its foray into television is breathtakingly original
`content: the world’s best stories told by the world’s best storytellers.
`
`Servant is a brazen copy of Plaintiff’s 2013 feature film.
`2.
`There is one big hole in Apple’s messaging: Servant is a wholesale copy
`of Plaintiff Francesca Gregorini’s 2013 feature film The Truth About Emanuel. As
`demonstrated by the long list of key parallels catalogued in Section III(C) of this
`Complaint, the misappropriation is not a mere borrowed premise, idea or story. Mr.
`Shyamalan has gone so far as to appropriate not just the plot of Emanuel—but also its
`use of cinematic language, creating a substantially similar feeling, mood, and theme.
`3.
`Emanuel is a successful 2013 psychological thriller, written directed and
`produced by Ms. Gregorini as her second feature film. After premiering at the
`Sundance Film Festival in the prestigious dramatic competition category in 2013, the
`film was released theatrically in the U.S. by Tribeca Film, followed by release on
`DVD and Blu-ray. Since 2014, Apple itself has offered Emanuel for sale or rental
`through iTunes (as has Amazon and other platforms).
`4.
`Starring Kaya Scodelario and Jessica Biel, the film tells the story of a
`troubled and withholding 18-year old girl, newly hired by a white, sophisticated,
`privileged yet gracious, mid-30’s, first-time mom—to help care for her new baby.
`After fleeting images of what seems to be a healthy three-month-old infant, the
`audience discovers that the “baby” is really an ultra-realistic “reborn” doll—shattering
`the illusion of an uber-competent modern mom. The cause of the mother’s delusion,
`the father later reveals, is the unspeakable grief of recently losing their real three-
`month-old baby. Rather than recoil, the nanny plays along with the mother’s delusion
`even before knowing its explanation, in part for deep-seated reasons relating to the
`
`
`
`
`
`
`
` 2
`
`COMPLAINT
`
`

`

`Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 3 of 42 Page ID #:3
`
`
`absence of her own mother. Soon enough, she too is doting over the doll as if it were
`real, nurturing a deep emotional connection with the mother but creating danger and
`ultimately crisis as prying eyes threaten to expose shared secrets. While the baby’s
`apparent rebirth offers an emotional high point, progress comes from confronting
`reality. Although the film is a tense psychological thriller, it also features strong
`elements of magical realism, which leaves the audience with a measure of doubt about
`what’s real.
`Shockingly, this plot description of Emanuel could just as easily be
`5.
`applied to Servant, made six years later. And that’s just the beginning of the
`commonalities between the two works. These similarities include not just parallel plot
`points, but also strikingly similar—and highly idiosyncratic—characters, scenes,
`directorial choices, and modes of storytelling. Below, Plaintiff enumerates a long list
`of striking similarities between the works, and explains why each is unusual and
`artistically significant. This non-exhaustive list involves everything from shared grand
`themes and character arcs, to identical granular details. While it’s impossible to
`completely capture the deep parallels between these two works with a bullet list,
`Plaintiff easily describes more than sufficient similarity to establish copyright
`infringement. More important, anyone who takes the time to view and compare the
`works will reach the inescapable conclusion that their overlap is far too striking to
`result from coincidence, as Defendants quite preposterously claim.
`
`
`
`
`
`
`
`
`
`
`
`
`Nanny and doll, in Emanuel (left) and Servant (right)
`
`
`
` 3
`
`COMPLAINT
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`E R I K S O N
`L A W G R O U P
`
`L O S A N G E L E S C A
`
`A T T O R N E Y S
`
`

`

`Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 4 of 42 Page ID #:4
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`E R I K S O N
`L A W G R O U P
`
`L O S A N G E L E S C A
`
`A T T O R N E Y S
`
`As in Emanuel, a central theme of Servant involves the extraordinary and
`6.
`almost irrational reciprocal devotion between mother and nanny. In both works, the
`mother’s adoration of the nanny stems from her grief and denial over losing a child.
`She delusionally channels her maternal instincts towards a doll—but also more
`genuinely directs them to the real-life vulnerable surrogate-daughter caring for her
`“baby.” In both works, the nanny’s strong feelings for her employer stem from
`longings for a lost mother, which she finds being fulfilled by a new mother figure in
`dire need of a child.
`7.
`As described below, these are extremely rare themes in Hollywood. But
`what made Emanuel even more unique were a number of Ms. Gregorini’s artistic
`choices, driven by her own very personal inspirations for the story, that are surprising
`because they are incongruous with themes of loss and longing. For example, Emanuel
`plays as a psychological thriller in that shared secrets are always one false move away
`from being exposed, which threatens to destroy the cherished but tenuous equilibrium
`the central characters have found in the obviously unsustainable status quo. To
`reinforce this tension, Ms. Gregorini uses the cinematic vernacular of classic
`suspense, including camera angles, lighting, music, and pace. Astonishingly, and as
`more fully explained below, Servant appropriates all of these idiosyncratic artistic
`choices, which define Emanuel as a film.
`
`
`
`
`
`
`Dark and foreboding tones in Emanuel (left) and Servant (right)
`
`
`In both works, the proxy mother-daughter bond between mother and
`8.
`nanny co-exists with a jarring unspoken sexual tension—felt throughout and more
`
`
`
`
`
`
`
` 4
`
`COMPLAINT
`
`

`

`Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 5 of 42 Page ID #:5
`
`
`overtly displayed in a surprisingly intimate bathroom scene. Again, this was a startling
`and bold artistic choice by Ms. Gregorini—and one that Defendants appropriated for
`Servant.
`
`
`
`
`
`
`
`Bathroom intimacy culminating in a kiss on the hand Emanuel (left); Servant (right)
`
`
`In addition to these key thematic commonalities, Servant bears a number
`9.
`of striking similarities to Emanuel even with regard to its details and imagery. The
`two nannies look alike—and are similarly difficult and enigmatic. In both works,
`imagery of water plays a prominent role. We learn more about each nanny when she
`directs her shy young date to steal a bottle of red wine (to be paired with French bread
`and cheese). Both mothers are remarkably self-possessed and positive for someone in
`a psychosis, and have put together magazine-worthy homes and nurseries. Even the
`dolls look remarkably alike (each having replaced babies who died at three months).
`In each work, the nanny’s troubles are highlighted by a trip to her mother’s grave. As
`explained below, the similarity of scenes and sequence are often uncanny.
`
`
`
`
`
`
`The nanny, underwater in Emanuel (left) and Servant (right)
`
`
`
`
`
`
`
` 5
`
`COMPLAINT
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`E R I K S O N
`L A W G R O U P
`
`L O S A N G E L E S C A
`
`A T T O R N E Y S
`
`

`

`Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 6 of 42 Page ID #:6
`
`
` Defendants’ infringement is emblematic of gender injustice in the
`entertainment industry.
`10. As mentioned, Servant is meant to showcase Apple’s new streaming
`service. But if Servant showcases anything, it is the gender arrogance and inequity
`still infecting Hollywood (and apparently Cupertino). Emanuel tells a nuanced
`emotional story about motherhood and daughterhood—real, lost, and imagined. It is
`clearly a woman’s story, inspired by Ms. Gregorini’s very personal struggles with her
`inability to conceive a child and growing up with an absent mother (as discussed in
`specific detail in the ample media coverage the film received). It is about grief,
`longing, motherhood, secrets (the ones we keep from ourselves, the ones we carry for
`others), and the inescapable collision course with reality. It took the collective talents
`and tremendous efforts of many strong and capable women to tell this story and put it
`in on the screen, in a film world dominated by men.
`11.
`Servant tells a substantially similar story, in a substantially similar
`manner, using substantially similar tools of the trade. But what is equally damaging
`and disturbing to Ms. Gregorini is a layer added to Servant by its all-male team of
`creators and producers (including creator and writer Tony Basgallop, and executive
`producer/director M. Night Shyamalan), in which this female-centric story is
`sometimes seen through the eyes of two men—who watch and comment on the
`women’s “insanity” while pounding tequila shots and pondering whether the nanny is
`“fuckable.”
`12. The result of this caricature of the male gaze is the utter bastardization of
`Ms. Gregorini’s work. It’s an apt metaphor for the real-life version of what could
`happen here: It takes only a few old guard Hollywood men, such as Mr. Shyamalan
`and Mr. Basgallop, and their new silicon valley partner Apple TV+, to negate the
`considerable achievements and life experiences of the women behind Emanuel, and to
`irredeemably tarnish their work. Just as the male perspective cheapens the female
`
`
`
`
`
`
`
` 6
`
`COMPLAINT
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`E R I K S O N
`L A W G R O U P
`
`L O S A N G E L E S C A
`
`A T T O R N E Y S
`
`

`

`Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 7 of 42 Page ID #:7
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`E R I K S O N
`L A W G R O U P
`
`L O S A N G E L E S C A
`
`A T T O R N E Y S
`
`experience in Servant, Mr. Shyamalan and Apple TV+ diminish Ms. Gregorini and
`her largely female team.
`13. A review in The Atlantic makes a similar point: that Servant squanders a
`compelling premise by missing the female perspective on an extremely female story:
`
`Servant could be a series about the otherworldliness of grief, and the
`ways in which it seems to fragment and distort reality… Servant, though,
`doesn’t seem to have the emotional curiosity to earn its premise...
`And this is the truly uncomfortable part of Servant: It urges you, over and
`over, to loathe and condemn a woman whose baby has died. Look at the
`spectacle of this woman’s delusion, the series seems to say, lingering on
`the frozen plasticity of Jericho’s features. Note her narcissism, her vanity,
`the ridiculousness of her newscasts. All six of the show’s executive
`producers are men and all 10 episodes are written by Basgallop,
`which perhaps makes it unsurprising that Servant, far from
`sketching out the contours of maternal grief, instead treats Dorothy
`with such casual disdain.1
`
`14. Gender injustice in Hollywood is not a formal part of Ms. Gregorini’s
`claim, which stands on its own under the basic principles of copyright law. But it is
`certainly part of the broader picture of Defendants’ misappropriation of Emanuel.
`While Hollywood’s patriarchal system sometimes manifests in explicit and raw ways,
`it can also operate more subtly, as it has here. But the injury to women deserving of
`equality is no less grievous. Women graduating from film school know—or soon
`learn—that they face far more daunting odds than their male peers. The perception
`that no one is going to stop the already-powerful (usually white men) from simply
`taking the artistic output of those outside the power structure serves to perpetuate the
`patriarchy for another generation. This is not only unjust; it also stifles the progress of
`good cinema and television.2
`
`
`1 Someone should tell the reviewer that the movie she wants to see already exists and can be rented
`anytime on Apple’s platform: The Truth about Emanuel.
`2 Over the last 13 years, females directed less than 5% of top films—even though their movies were
`as well received as those directed by men. See Clark and Pieper, Inclusion in the Director’s Chair:
`Analysis of Director Gender & Race/Ethnicity Across 1,300 Top Films from 2007 to 2019
`(Annenberg Foundation 2020).
`
`
`
`
`
`
`
`
` 7
`
`COMPLAINT
`
`

`

`Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 8 of 42 Page ID #:8
`
`
` Defendants have arrogantly brushed aside Ms. Gregorini’s protests.
`15. The result of Defendants’ misappropriation and mangling of Ms.
`Gregorini’s work is that any intention of adapting her work for premium television—
`where she has concentrated her efforts and built a successful career over the past
`several years—are now dashed.
`16. Despite this very real damage, Defendants have arrogantly dismissed Ms.
`Gregorini’s protests by vaguely claiming that Servant was in development long before
`Emanuel was made, and that any similarity is a coincidence. Indeed, Mr. Shyamalan
`and Mr. Basgallop implausibly claim they have never seen Emanuel—apparently not
`even curious enough to watch after hearing Ms. Gregorini’s objections. Worse, Apple
`has brought stonewalling to a new level by simply referring inquiries to Mr.
`Shyamalan’s lawyer (who in turns says he cannot speak for Apple).
`17. Steve Jobs acknowledged that Apple has “always been shameless about
`stealing great ideas.” Mr. Shyamalan too has been publicly and credibly accused of
`infringement more than once. In 2004, it was widely reported that Mr. Shyamalan’s
`film The Village shared uncanny similarities with Margaret Peterson Haddix's well-
`received book published nine years earlier.3 Mr. Shyamalan was also sued (in this
`Court) by screenwriter Robert McIlhinney who alleged Mr.’ Shyamalan’s film Signs
`was a misappropriation of his script. Once again, it appears that the powerful men of
`Hollywood and Big Tech believe that appropriation of others’ intellectual property is
`their right. The purpose of this lawsuit is to hold Apple and Mr. Shyamalan
`accountable for their misconduct.
`
`
`
`
`3 See Shyamalan's "Village" Villainy? E News August 10, 2004.
`
`
`
`
`
`
`
` 8
`
`COMPLAINT
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`E R I K S O N
`L A W G R O U P
`
`L O S A N G E L E S C A
`
`A T T O R N E Y S
`
`

`

`Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 9 of 42 Page ID #:9
`
`
`II.
`JURISDICTION AND VENUE
`18. Plaintiff brings this action for copyright infringement (17 U.S.C. Section
`101, et seq.).
`19. This Court has original subject matter jurisdiction over this action and
`the claims asserted herein, pursuant to 28 U.S.C. Section 1331 (“federal question
`jurisdiction”) and 1338(a)-(b) (“patent, copyright, trademark and unfair competition
`jurisdiction”) in that this action arises under the laws of the United States and, more
`specifically, Acts of Congress relating to patents, copyrights, trademarks, and unfair
`competition.
`20. Venue is proper in this District pursuant to 28 U.S.C. Section 1391(b)(1)-
`(3) because a substantial part of the events or omissions giving rise to the claims
`occurred in this District.
`21. Each of the Defendants is subject to the personal jurisdiction of this
`court. As described below, each Defendant distributed and promoted the subject
`infringing material in California, including by expressly aiming marketing and
`distribution efforts at consumers in this state.
`III. THE PARTIES
`22. Plaintiff Francesca Gregorini is, and at all times relevant herein has been,
`a resident of California.
`23. Defendant Apple, Inc. is a California corporation doing business in
`California, with its principal place of business located in Cupertino, California.
`24. On information and belief, Defendant M. Night Shyamalan is a resident
`of Pennsylvania.
`25. Defendant Blinding Edge Pictures, Inc. is a Pennsylvania corporation
`doing business in California, with its principal place of business located in Berwyn,
`Pennsylvania.
`
`
`
`
`
`
`
` 9
`
`COMPLAINT
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`E R I K S O N
`L A W G R O U P
`
`L O S A N G E L E S C A
`
`A T T O R N E Y S
`
`

`

`Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 10 of 42 Page ID #:10
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`E R I K S O N
`L A W G R O U P
`
`L O S A N G E L E S C A
`
`A T T O R N E Y S
`
`26. Defendant Uncle George Productions, LLC is a Pennsylvania limited
`liability company doing business in California, with its principal place of business
`located in Newtown Square, Pennsylvania.
`27. Defendant Escape Artists LLC, a motion picture and television
`production company, is a California limited liability company, doing business in
`California, with its principal place of business located in Culver City, California.
`Defendants Tisch, Black, and Blumenthal are principles of Escape Artists.
`28. On information and belief, Defendant Steve Tisch is a resident of
`California.
`29. On information and belief, Defendant Todd Black is a resident of
`California.
`30. On information and belief, Defendant Jason Blumenthal is a resident of
`California.
`31. On information and belief, Defendant Ashwin Rajan is a resident of
`California.
`32. On information and belief, Defendant Tony Basgallop is a resident of
`California.
`33. Defendant Dolphin Black Productions is a California corporation, doing
`business in California, with its principal place of business located in Beverly Hills,
`California. Dolphin Black is Mr. Basgallop’s company.
`34. Plaintiff is ignorant of the true names and capacities of the Defendants
`sued herein as Does 1-10, inclusive, and therefore sues said Defendants by such
`fictitious names. Plaintiff will amend this Complaint to allege the true names and
`capacities when the same has been ascertained. On information and belief, each
`fictitiously-named Defendant is responsible in some manner for the occurrences
`herein alleged, and that Plaintiff’s damages as herein alleged were proximately caused
`by their conduct.
`
`
`
`
`
`
`
` 10
`
`COMPLAINT
`
`

`

`Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 11 of 42 Page ID #:11
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`E R I K S O N
`L A W G R O U P
`
`L O S A N G E L E S C A
`
`A T T O R N E Y S
`
`35. Each of the Defendants acted as an agent for each of the other
`Defendants in doing the acts alleged, and each Defendant ratified and otherwise
`adopted the acts and statements performed, made or carried out by the other
`Defendants so as to make them directly and vicariously liable to the Plaintiff for the
`conduct complained of herein. Each Defendant is the alter ego of each of the other
`Defendants.
`
`IV. GENERAL ALLEGATIONS
` Ms. Gregorini is the writer, director and producer of The Truth About
`Emanuel.
`36. A graduate of Brown University, Plaintiff Francesca Gregorini co-wrote
`and sold television pilot scripts to both HBO and Paramount before co-writing and co-
`helming her directorial feature film debut Tanner Hall (starring Rooney Mara and
`Brie Larson). Emanuel, which she wrote, produced, and directed, is Ms. Gregorini’s
`second feature film.
`37. Ms. Gregorini is female and gay. While her identity informs her work, it
`does not define her as an artist. Like all successful women in the entertainment
`industry, Ms. Gregorini has learned to navigate the gender inequity endemic to her
`profession. She regularly works on mainstream projects with mainstream male and
`female producers and actors. In television, she has recently directed Emma Chan in
`Humans (AMC), Bryan Cranston in Electric Dreams (Amazon), Uma Thurman in
`Chambers (Netflix), Sandra Oh in Killing Eve (AMC) and Heather Graham in The
`Hypnotist’s Love Story (ABC, as the pilot director). She is currently attached to direct
`a $10 million feature film, and is in the process of pitching a television series.
`38. The idea for The Truth about Emanuel4 came to Ms. Gregorini in 2010,
`borne from personal struggles. She created the mother character, Linda, as a means to
`explore and heal grief related to her inability to become pregnant. Pained, Ms.
`
`
`4 The work was formerly known as Emanuel and the Truth About Fishes.
`
`
`
`
`
`
`
` 11
`
`COMPLAINT
`
`

`

`Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 12 of 42 Page ID #:12
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`E R I K S O N
`L A W G R O U P
`
`L O S A N G E L E S C A
`
`A T T O R N E Y S
`
`Gregorini imagined a scenario that would be even worse than hers: giving birth to a
`child only to see it die. This is, of course, Linda’s story.
`39.
`It is human nature is to avoid pain. Ms. Gregorini found her ways
`(including writing Emanuel) and Linda found hers (parenting Chloe, the “reborn”
`doll).
`40. The nanny character, Emanuel, is the carrier of, and co-conspirator in,
`Linda’s secret/delusion. Growing up in a home with alcoholism, Ms. Gregorini too
`was the carrier of secrets for the adults in her life—and at times she bought into those
`delusions in order to stay connected, keep the peace, and navigate unfathomable
`situations. The character of Emanuel is borne of that deep-seated knowledge of what it
`means to want connection with a mother figure so badly, one will live in a fiction in
`order to maintain it.
`41.
`In the film Emanuel, Ms. Gregorini took her two biggest and most
`personal wounds—growing up with an often absent mother and her inability to
`become a mother herself—and fashioned a psychological thriller that would explore
`their complexities.
`42. Emanuel was a labor of love for Ms. Gregorini. She worked for years to
`develop it, and to raise the shoestring budget needed to produce it. She finally cobbled
`together the $1.2 million budget from mostly small-dollar investors—and later was
`forced to raise additional money for post-production work.
`43. The nanny role was originally written for Rooney Mara, who was
`replaced by Kaya Scodelario due to scheduling. Ms. Mara remained on the project as
`a co-producer of Emanuel. Jessica Biel replaced Helena Bonham Carter as the mother.
`44. Ms. Gregorini and her accomplished cast and crew filmed the production
`in 2012.
`45. Emanuel premiered in Dramatic Competition at the 2013 Sundance Film
`Festival, and was selected to showcase at Sundance UK later that same year. The film
`
`
`
`
`
`
`
` 12
`
`COMPLAINT
`
`

`

`Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 13 of 42 Page ID #:13
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`E R I K S O N
`L A W G R O U P
`
`L O S A N G E L E S C A
`
`A T T O R N E Y S
`
`went on to screen at many other film festivals in the U.S and around the world. The
`film was released in U.S. theaters on January 10, 2014.
`46. Ms. Gregorini earned a nomination at the Sundance Film Festival for the
`2013 Grand Jury Prize – Dramatic, and earned the Best Feature Director prize at the
`2013 L.A. Femme Film Festival. The film earned awards at the 2013 Ashland
`Independent Film Festival and 2013 Brooklyn Film Festival. Tribeca Enterprises chief
`creative officer Geoffrey Gilmore said “Francesca Gregorini’s superb Emanuel and
`the Truth About Fishes is a rare and remarkable work of mixed genres and
`expectations. A taut, surprising and original thriller featuring a career best
`performance from Jessica Biel and a breakout role by Kaya Scodelario.”
` Defendants had access to Emanuel—years before making Servant.
`47. There is no question that Emanuel preceded Servant, and that Defendants
`had access to it continually since 2013. Ms. Gregorini penned the screenplay to
`Emanuel in 2011, and registered it with the Writer’s Guild on January 19, 2012—
`nearly eight years before Servant premiered. Copyright protection of the film
`commenced when filming was completed in 2012. The work was widely disseminated
`to the public beginning in 2013. Emanuel Film, LLC first applied to register the
`copyright in 2012. Since 2014, Emanuel has been available for purchase or rental on
`Apple’s own iTunes.
`48. Given the striking similarities, it is inconceivable that Servant’s creators
`developed the television series without reference to Emanuel. And indeed, Mr.
`Basgallop has had specific access to Emanuel. In addition to the Sundance premier
`(U.S. and U.K.) and nationwide theatrical release of Emanuel, and the film’s
`availability on streaming platforms, Mr. Basgallop had occasion to screen the film in
`2017, when Ms. Gregorini’s agents at CAA pitched her to direct episodes of Berlin
`Station, a series Mr. Basgallop executive produced. On information and belief, Mr.
`Basgallop (as well as the other executives of Berlin Station) received an email from
`
`
`
`
`
`
`
` 13
`
`COMPLAINT
`
`

`

`Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 14 of 42 Page ID #:14
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`E R I K S O N
`L A W G R O U P
`
`L O S A N G E L E S C A
`
`A T T O R N E Y S
`
`Ms. Gregorini’s agents at CAA, submitting her for the Berlin Station project, that
`included a link to Ms. Gregorini’s most prominent work to date, Emanuel.
`
`Servant is one of eleven original series that Apple chose to showcase the
`launch of its ambitious new streaming service Apple TV+.
`49. Apple TV+ is the ambitious new streaming service of Defendant Apple,
`Inc.—the world’s most valuable company.
`50. By all accounts, Apple sees Apple TV+ as its future. According to the
`New York Times, “Apple has gone Hollywood for a reason. With iPhone sales
`flattening, the company sought out other ways to generate revenue. In addition to
`Apple TV Plus, it has unveiled a credit card and started a video-game subscription
`service.”
`51. And indeed, Apple used its considerable economic might to hire some of
`Hollywood’s most established names. As recently reported in the New York Times:
`“Led by the veteran Hollywood executives Zack Van Amburg and Jamie Erlicht,
`Apple TV Plus has made deals with Oprah Winfrey, Steven Spielberg, J.J. Abrams
`and M. Night Shyamalan, among others.” In other words, Apple touts M. Night
`Shyamalan’s Servant as one of its marquee series.
`52. Apple certainly has competitors in the entertainment arena. Netflix and
`HBO are seen as the titans of original content for television. Netflix, HBO Max,
`Disney, Amazon Prime, and Hulu offer rival streaming services, each coupling
`original programming with a deep reservoir of existing content.
`53. Amidst this competition, Apple’s marketing strategy is to push the
`message that what sets it apart from its rivals is its unparalleled stories and
`storytellers. In short, Apple has staked its claim on doing what only it can do (similar
`to what it did with the personal computer, the iPhone, and tablets): gathering the best
`minds on earth to come up with new and revolutionary ideas.
`
`
`
`
`
`
`
` 14
`
`COMPLAINT
`
`

`

`Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 15 of 42 Page ID #:15
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`E R I K S O N
`L A W G R O U P
`
`L O S A N G E L E S C A
`
`A T T O R N E Y S
`
`54. This theme was very much on display at the announcement of Apple
`TV+ last year. There, Apple CEO Tim Cook told a hushed and rapturous live
`audience:
`
`Apple has always tried to make the world a better place, and we believe
`deeply in the power of creativity… We feel we can contribute something
`important to our culture and to society through great storytelling, so we
`partnered with the most thoughtful, accomplished, and award-winning
`group of creative visionaries who have ever come together in one place
`to create a new service unlike anything that’s been done before.
`
`55. Cook then handed off the presentation to Erlicht and Van Amburg, who
`were on-message:
`
`At Apple, we know that great stories begin and end with the incredible
`artists who tell them, the artists who are thoughtful enough and brave
`enough to share their best story with us and the world.
`…
`We’ve partnered with the most accomplished storytellers as well as a
`new generation of the most exciting voices who together will define
`Apple TV+ as the destination with the highest quality originals. The
`original shows and movies will intellectually challenge and thrill, define
`and redefine our expectations, inspire us, make us laugh, transform our
`mood and brighten our day, but make us believe anything is possible,
`from documentaries to dramas, from kids to comedies, the highest quality
`of storytelling in one single place. This is Apple TV+.
`
`56. Apple has put its money where its marketing mouth is. The company’s
`annual content budget has come in at a staggering $6 billion, according to the
`Financial Times. Unlike Facebook and Google, which have tentatively dipped their
`toes in entertainment, Apple has gone all-in. Within a year, Apple TV+ could feature
`as much original content as longtime cable networks such as Showtime. Its
`advertising budget for September and October 2019 alone was $40 million—and
`that’s not counting November when advertising really ramped up.
`57. The staggering amount of money and energy Apple has put behind Apple
`TV+ has so far resulted in the eleven original shows that comprise the launch of the
`service. One of those shows, of course, is Servant. In other words, Servant is what all
`the fuss and money is about. Notably, Servant was released on Thanksgiving, a day
`known in the entertainment industry as one of the best times for an important rollout,
`
`
`
`
`
`
`
` 15
`
`COMPLAINT
`
`

`

`Case 2:20-cv-00406 Document 1 Filed 01/15/20 Page 16 of 42 Page ID #:16
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`E R I K S O N
`L A W G R O U P
`
`L O S A N G E L E S C A
`
`A T T O R N E Y S
`
`due to high viewer engagement. Ahead of th