Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal

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The Briefing by Weintraub Tobin

Weintraub Tobin

249 episodes

5 days ago

In The Briefing by Weintraub Tobin, intellectual property attorney Scott Hervey and his guests discuss current IP issues related to trademark, copyright, and entertainment, as well as IP litigation and intellectual property in the news.

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Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal

The Briefing by Weintraub Tobin

23 minutes 17 seconds

5 days ago

Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal

After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichton’s estate claiming the new series The Pitt is an unauthorized derivative of ER.

In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Tara Sattler discuss:

* The background behind the ER “freeze clause”
* Warner Bros.’ First Amendment arguments under California’s anti-SLAPP statute
* The battle over what “derivative work” really means
* How the trial court handled the Katz declaration
* The broader implications for creative freedom and legacy IP

Watch this episode on YouTube.