Hollywood actor Will Smith has been named in a seven-figure lawsuit over allegations of copyright infringement related to his 2019 film Gemini Man. The suit, filed by science fiction author Kissinger Sibanda, accuses Smith and other major players in the film’s production of stealing key elements from Sibanda’s 2011 novel, The Return to Gibraltar.
The lawsuit, which seeks $1.7 million in damages—10% of Gemini Man’s gross earnings of $173 million—claims that the film’s plot bears striking similarities to Sibanda’s book. Sibanda, who is of American and South African nationality, describes The Return to Gibraltar as a story about an African American man who is cloned without his consent and used in a time-traveling program. This premise, he argues, mirrors the storyline of Gemini Man, which follows a hitman targeted by a younger clone of himself.
In addition to Smith, the lawsuit names Skydance Productions, Gemini Pictures, Paramount Pictures, and producer David Ellison among the defendants. Sibanda asserts that these parties used his book as the foundation for the film, which was directed by Ang Lee and starred Smith alongside Mary Elizabeth Winstead, Clive Owen, and Benedict Wong.
Sibanda alleges that he suggested Will Smith as a suitable actor for the lead role while marketing his book, believing the actor would embody the character well. He further claims that Smith and the production team shifted their strategy for Gemini Man following the release of his novel, borrowing heavily from its themes, characters, and narrative structure. Sibanda’s lawsuit also highlights the cultural and racial significance of the protagonist in his book, arguing that Gemini Man mirrored those elements in its portrayal of Smith’s character.
Sibanda contends that he first made contact with Smith’s team in 2012 when he allegedly met Smith’s stunt double, who had just returned from South Africa. While Sibanda does not recall the stunt double’s name, he is confident that further investigation would reveal the identity, as the defendants are likely to have records of Smith’s doubles on file.
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Sibanda also stated that he sent a copy of his book to William Morris Endeavor, one of Hollywood’s leading talent agencies, which may have provided access to his work for the Gemini Man production team. According to the lawsuit, The Return to Gibraltar not only offered a fully developed narrative with rich cultural and scientific context but also laid out the cloning science that was central to both the book and the film.
Despite sending a legal letter to the film’s producers in 2020, Sibanda claims he received no response or financial settlement. His lawsuit argues that the similarities between the book and the film are too significant to be coincidental and that his work was exploited without credit or compensation.
Gemini Man, originally written by Darren Lemke in 1997, had reportedly been in development for over two decades before its eventual release. The film saw Will Smith playing both the older hitman, Henry Brogan, and his younger clone, Junior, in a high-stakes action thriller.
As the legal battle unfolds, Smith and the other defendants will be under increasing scrutiny to address Sibanda’s claims. Should the court rule in favor of the author, it could set a significant precedent in Hollywood’s ongoing struggles with intellectual property disputes.
