1/27 – In order to prove that a work has been copied, one of the first tasks is to establish that the infringing party had access to the original work. In a long fought lawsuit in Riverdale, CA, filmmaker Francesca Gergorini accused director M. Night Shyamalan and Apple of substantially copying her indie film The Truth About Emanuel, but was unsuccessful for this exact reason. After a 2 week jury trial that focused mainly on the similarities of the works, plaintiff’s inability to prove that defendants’ had access to her film — which took in only $4,ooo at the box office — ultimately decided the case.