City by city, the entertainment world is getting a little less litigious as it grapples with the tangled webs of copyright law. In a recent victory for TV production, a federal judge roadblocked a copyright infringement suit filed against Netflix, Goldin Auctions, and the producers of the reality show, “King of Collectibles.”
The plaintiff, Gervase Peterson, who once shared his survival skills on “Survivor”, alleged that he held the concept for the show he pitched to Ken Goldin in 2019, a concept he claimed materialized on Netflix without his involvement. Christened “The Goldin Boys,” Peterson’s pitch bore what he considered inescapable similarities to the resultant “King of Collectibles” that chronicles the happenings at Goldin Auctions and delves into Ken Goldin’s personal life.
Fueling Peterson’s suit was the apparent breakdown of communication in mid-2020. Shortly after the line went silent, a show closely paralleling his pitch emerged, which he claimed, was no mere coincidence. Yet, the defense team begged to differ, propelling their argument around the simple fact that the reality show leaned on generic ideas, reflecting those that are commonplace and unprotected under the Copyright Act.
The legal gavel fell in Netflix’s defense arena when Judge Christine O’Hearn of the New Jersey federal district court confirmed this view. She dissected Peterson’s assertion, clarifying that elements he claimed as protectable fall under the category of scènes à faire, a legal concept that accommodates common scenes or themes typical to a genre. This rule suggests that such elements, being standard, are not eligible for copyright protection. Judge O’Hearn went on to add that many aspects of reality television nestle cosily in this category, including the business-as-usual operations portrayed in “King of Collectibles.”
Highlighting further, the judge earmarked that real-life subjects and recurrent themes veined in reality-type shows are often outside the protective ambit of copyright, echoing past legal verdicts of similar lawsuits. It’s like trying to patent the concept of a reality show itself – virtually impossible, it seems. The judgment, seen as underscored in clarity, further hardens the already tough nut of copyrighting broad concepts and themes recurrent in reality television genre.
However, the story doesn’t end at the legal victory for “King of Collectibles.” The show has doubled down on its success by bagging a string of Emmy nominations, elbowing itself firmly in the ranks of respected reality TV series. As the dust settles on the legal battlefield, the winners can now rejoice in their victory dance, knocking their Emmy statuettes together to the rhythm of success. After all, who said every battle in the entertainment world ends in an off-screen drama?
