In a recent article published by Asia IP, Jackson Walker partner Emilio B. Nicolas provided an in-depth analysis of the legal standards for copyright infringement, focusing on a high-profile trial involving acclaimed filmmaker M. Night Shyamalan and the Apple TV+ series “Servant”.

Emilio explained that to succeed in a copyright infringement claim, the plaintiff must establish two critical elements: ownership of a valid copyright; and actionable copying of original elements from the plaintiff’s work.

In the article, Emilio noted, “In the absence of direct evidence of copying which is usually the case, the plaintiff must prove actionable copying circumstantially by showing that: (1) the defendant had ‘access’ to the plaintiff’s work; and (2) the two works are ‘substantially similar’ to each other.”

For a comprehensive understanding of the case and Emilio’s insights, read the full Asia IP article “M. Night Shyamalan wins in copyright trial against Italian movie director.”

Meet Emilio

Emilio B. Nicolas is a copyright, trademark, and media rights attorney in Jackson Walker’s Austin office. His practice involves litigation and transactional work, including IP and media rights protection, enforcement, and licensing for companies in the entertainment, media, and technology industries. Emilio has been recognized by The Best Lawyers in America as Lawyer of the Year – Austin, Copyright Law (2024), Lawdragon 500 Leading Litigators in America, and by Austin Monthly as one of “Austin’s Top Attorneys” for Intellectual Property Rights.