US drama The Pitt is similar enough to medical series ER for a lawsuit against its producers to progress, a court in the US has ruled.
The widow of Michael Crichton, who created ER, argues The Pitt is effectively a reboot of the series, which has been made without proper permission or credit.
Sherri Crichton says her husband’s contract included a “frozen rights” provision that prohibited any spin-offs, sequels or reboots of ER being made without his express consent.
A three-judge panel said there are “clear and numerous similarities between The Pitt and ER,” which means the case can go ahead. Warner Bros previously described the lawsuit as “baseless” and sought to have it dismissed.
Listing the similarities between the two shows, the court cited the emergency room setting, the fast pace, use of medical jargon, graphic depictions of injuries, and younger doctors fresh from medical school being trained.
“We find the details here suffice for a prima facie case,” the judges said.
It means the case will now go to a jury trial in Los Angeles Superior Court.
With the exception (maybe) of the younger training doctors, though I imagine doctors gotta learn, everything described there is a definitional part of a medical drama set in an emergency room. I understand the court letting this move forward because there may be good reason to explore the more detailed similarities. But the ones they listed there… that is baseless.
You cannot copyright a real world setting or genre. The subject matter of emergency room medicine is not owned by Michael Crichton, Warner Brothers, or anyone. Would be like saying the creator of Honeymooners owns the rights to domestic abuse. ER’s copyright encompasses its characters, and specific stories. Not the entire concept of an ER or triage medicine. It did not create any of those concepts. It also doesn’t own the style of narrative, pacing, editing, cinematography, etc. used, either.
It’s also shot in a totally different way that is obvious, even to people who don’t understand tv production. If there had been no mention of ER, NOBODY would make the connection.
It sounds like they had this medical show with Noah Wylie, and someone had the bright idea of shortcutting the promotion by tying to a beloved old show he’d been in. There was really no connection, but if it could make the show get accepted faster, it would be worth it. So they float the idea, but move forward anyway, because the project doesn’t rely on the ER connection.
Later, the Estate claims the ER connection was everything because of course they do.
And the training doctors are an audience insert, so that characters can explain shit that would be obvious for anyone who is actually at home in the setting.