Apple wins appeal over Servant copyright case
The Ninth Circuit has upheld the verdict clearing Apple and M. Night Shyamalan’s Servant of copyright infringement allegations.
Apple has won another round in the copyright dispute over Servant, the Apple TV+ thriller created by Tony Basgallop and executive produced by M. Night Shyamalan. The US Court of Appeals for the Ninth Circuit upheld the earlier jury verdict in Apple and Shyamalan’s favour, rejecting the appeal brought by filmmaker Francesca Gregorini.12
Gregorini argued that Servant copied elements from her 2013 film The Truth About Emanuel. She sought up to $81 million in damages. The case reached a jury in January 2025, when jurors unanimously found for Apple and the show’s creators. The appeal focused on the judge’s directions about “widespread dissemination” and on whether the court should have answered a juror’s question before accepting the verdict.1
The appeals court rejected both challenges. Its decision found that the jury instructions accurately reflected the relevant legal test and that the trial judge had not abused her discretion by accepting the unanimous verdict without giving the requested additional explanation.12
What the ruling means
The decision does not establish that copyright disputes around television are simple. It confirms the result in this particular case: the jury accepted that Servant’s creators had not accessed Gregorini’s film before developing the series, and the appeal did not identify a legal error serious enough to overturn that finding.12
Servant follows a Philadelphia couple dealing with grief after an unspeakable tragedy creates a rupture in their marriage and allows a mysterious force into their home. Apple’s own press material identifies Lauren Ambrose, Toby Kebbell, Rupert Grint and Nell Tiger Free among the principal cast, and confirms that the fourth season was the show’s finale.3
The case is notable for Apple because it concerns one of the company’s most recognisable original dramas, rather than a dispute over hardware, software or a platform feature. It also shows how a creative-industry lawsuit can continue long after a series has finished airing: Servant concluded its four-season run in 2023, but the legal argument continued through the appeal.13
Our opinion
The useful takeaway is narrower than the headline might suggest. Apple has not received a blanket legal shield for every similarity allegation made against an Apple TV+ production. It has prevailed in this case because the jury rejected the access theory, and the Ninth Circuit found no reversible error in how that verdict was reached. That distinction matters whenever a familiar premise becomes the centre of a copyright fight.