Update on $1.7 Million Lawsuit Against Will Smith

A science fiction author’s lawsuit against Oscar-winner Will Smith for the film Gemini Man is over. In Touch reports a federal judge dismissed all claims against the actor, 56, in the case brought by Kissinger Sibanda. While the claims against Smith have been dropped, the other defendants remain in ligation. 

The outlet first reported on the lawsuit in August 2024. The writer filed a $1.7 million lawsuit against the actor, Skydance Productions, Gemini Pictures, Paramount Pictures, David Ellison and other companies over the film, alleging the movie was a carbon copy of his science fiction novel, The Return to Gibraltar, which he released in 2011, about “an African American who is cloned and used in a time traveling program without his permission.”

As for how it was a rip off, the author alleged he shared a copy of his book with Smith’s stunt double in 2012, and that he also sent copies of his book to the biggest talent agent in Hollywood.

“The defendants struggled to make the movie until [he] released his book in 2011, thereafter they changed the film’s marketing strategy – taking themes, plots, characterizations, context and cultural subtexts from the book to create their movie, Gemini Man,” the lawsuit states. The movie had been in the works since 1997, with Smith’s name attached to it almost from the beginning. 

They allege, “The publication of The Return to Gibraltar, provided a fee meal for the defendants; not only did the book detail the cultural importance of the protagonist as a black person in a cinematic form but it explained cloning and its science in the context of a complete story; not just ‘ideas and facts’ but a complete narrative pace and climax.”

His lawsuit continued, “In addition to the literary tool of deception in a cloned army used against the protagonist. Interesting enough, the protagonist in The Return to Gibraltar is a Harvard man, similarly to the younger version of the Will Smith cloned in Gemini Man.

The defendants responded to the lawsuit alleging Kissinger filed a similar lawsuit over the same claims and the suit was dismissed. The movie reported budget of $138 million before marketing but grossed just $173 million worldwide, per The Hollywood Reporter.