Providing relief for streaming giant Netflix and Goldin Auctions was a recent ruling by a federal judge. This decision blanketed Netflix, Goldin Auctions, and the reality TV series “King of Collectibles” with a sense of invulnerability against a copyright infringement lawsuit. The plaintiff was former “Survivor” contestant, Gervase Peterson who claimed that a potentially bankable concept he pitched wasn’t just ignored but developed into the said show without him.
Peterson felt a bitter twinge of déjà vu when he observed the striking commonalities between his baby, a conceptual pitch named “The Goldin Boys,” and the “King of Collectibles.” It’s no wonder he was irate. After all, this was a concept he had proposed to the founder of Goldin Auctions, Ken Goldin, in the sunny year of 2019. The line of communication was severed in 2020, and soon after, Wheelhouse Entertainment began building a similar project. Wouldn’t we all feel a touch aggrieved?
However, the defense held strong, arguing that the TV series – a narrative around the Goldin Auctions’ functioning combined with Ken Goldin’s personal life experiences – was merely a tapestry of generic, unprotectable ideas within the Copyright Act’s perimeters.
Backing this interpretation was Judge Christine O’Hearn from the New Jersey federal district court. She emphasized that Peterson’s claimed protectable components are in reality scènes à faire – a legal holy grail referring to certain aspects of a work considered traditional or indispensable to the particular genre, and hence not liable for copyright protection. The bread and butter of reality television — the day-to-day hustle of business operations, as portrayed in “King of Collectibles” — exemplify this category, O’Hearn explained.
Judge O’Hearn further pointed out that reality-show staples — real-life narratives and commonplace elements — typically don’t meet the threshold of copyright protection. She used past legal precedents as reference points, where similar lawsuits met with the same outcome.
So, apart from smoothening any crinkles in Peterson’s allegations, O’Hearn’s ruling illuminated a much broader issue: the inherent difficulty in earmarking broad, often used concepts in reality television for copyright safeguards. It’s a complex battlefield with no clear guidelines as to what constitutes infringement and what falls under the umbrella of generic themes and scenarios.
Despite the controversy, “King of Collectibles” has emerged unscathed- legally and otherwise. The show not only conquered this legal Goliath but has also gained recognition in the cutthroat entertainment world, garnering a coveted Emmy award nomination recently. Legal battles aside, surely, that’s one golden feather in their cap!
