"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 or listen to this podcast episode here."
Michael Crichton's estate alleges that the new series The Pitt is an unauthorized derivative of ER and has sued in Roadrunner JMTC LLC v. Warner Bros. Television. Warner Bros. lost an anti-SLAPP motion and has appealed that ruling. Central legal issues include the ER "freeze clause", California anti-SLAPP First Amendment defenses, and the legal definition of "derivative work." The trial court's handling of the Katz declaration is contested. The outcome could affect creative freedom, the scope of legacy intellectual property rights, and how future derivative claims against new series are evaluated.
Read at The IP Law Blog
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