Author Michael Crichton poses for a portrait at The Peninsula Hotel in New York on Dec. 7, 2004. (AP Photo/Jim Cooper, File)
By Kaitlyn Huamani
LOS ANGELES (AP) --
The estate of Michael Crichton, who wrote the screenplay for what became the pilot episode of “ER,” has sued Warner Bros. Television over a dispute about an upcoming medical drama it says is a rebranded version of an unauthorized reboot.
After Crichton’s estate, led by his widow, Sherri, could not reach an agreement with the television studio to produce a reboot of the famed medical procedural, the lawsuit alleges Warner Bros. proceeded to develop and produce a series based on the same premise without consent.
The upcoming series, titled “The Pitt,” will be a medical drama set in Pittsburgh, as opposed to “ER’s” Chicago setting, and will feature Noah Wyle in a starring role. Wyle is best known for playing John Carter on “ER” in over 250 episodes.
“The Pitt” is also set to include several “ER” alums behind-the-scenes, including John Wells as the executive producer and R. Scott Gemmill as the showrunner. Wyle, Wells and Gemmill are each named defendants in the suit.
“The lawsuit filed by the Crichton Estate is baseless, as ‘The Pitt’ is a new and original show. Any suggestion otherwise is false, and Warner Bros. Television intends to vigorously defend against these meritless claims,” the studio said in a statement.
Because of Crichton’s success with projects including “Jurassic Park” and “Westworld” before “ER” was developed, he secured a coveted “frozen rights” provision in his contract for the series. The provision prohibits Warner Bros. from proceeding with any sequels, remakes, spinoffs or other productions derived from “ER” without Crichton’s consent, or his estate’s consent after his death from cancer in 2008.
“If Warner Bros. can do this to Michael Crichton, one of the industry’s most successful and prolific creators who made the studio billions over the course of their partnership, no creator is safe,” a spokesperson for Sherri Crichton said in a statement to The Associated Press. “While litigation is never the preferred course of action, contracts must be enforced, and Michael Crichton’s legacy must be protected.”
The estate, which filed the lawsuit Tuesday in Los Angeles Superior Court, is asking the judge to issue an injunction that would force the studio to stop production on the new series, and they are also seeking punitive and compensatory damages.
Warner Bros. began developing a reboot of “ER” for HBO’s streaming service, Max, in 2020 without Sherri’s knowledge, according to the lawsuit.
In 2022, when Sherri Crichton was informed of the developing project, she and the estate engaged in negotiations with the studio, through which she says she was promised that Crichton would get a “created by” credit, backed by a $5 million guarantee for the estate in the event the credit was not given. Ultimately, the term was revoked and negotiations stopped, which the lawsuit states should have ceased all development of the series.
Development continued on, and “The Pitt” was announced in March. A release date has yet to be announced.
“The Pitt is ER. It’s not like ER, it’s not kind of ER, it’s not sort of ER. It is ER complete with the same executive producer, writer, star, production companies, studio, and network as the planned ER reboot,” lawyers representing Crichton’s estate wrote in the lawsuit.
The lawsuit also alleges that Warner Bros. had previously tried to “erase” Crichton from derivatives for his work by downgrading his credit in the 2016 series based off his movie, “Westworld,” from “created by” to “based on,” which they say started “a disturbing pattern.”
California Gov. Gavin Newsom signed off Tuesday on legislation aiming at protecting Hollywood actors and performers against unauthorized artificial intelligence that could be used to create digital clones of themselves without their consent.
The new laws come as California legislators ramped up efforts this year to regulate the marquee industry that is increasingly affecting the daily lives of Americans but has had little to no oversight in the United States.
The laws also reflect the priorities of the Democratic governor who's walking a tightrope between protecting the public and workers against potential AI risks and nurturing the rapidly evolving homegrown industry.
"We continue to wade through uncharted territory when it comes to how AI and digital media is transforming the entertainment industry, but our North Star has always been to protect workers," Newsom said in a statement. "This legislation ensures the industry can continue thriving while strengthening protections for workers and how their likeness can or cannot be used."
Inspired by the Hollywood actors' strike last year over low wages and concerns that studios would use AI technology to replace workers, a new California law will allow performers to back out of existing contracts if vague language might allow studios to freely use AI to digitally clone their voices and likeness. The law is set to take effect in 2025 and has the support of the California Labor Federation and the Screen Actors Guild-American Federation of Television and Radio Artists, or SAG-AFTRA.
Another law signed by Newsom, also supported by SAG-AFTRA, prevents dead performers from being digitally cloned for commercial purposes without the permission of their estates. Supporters said the law is... Read More