In the fast-paced world of entertainment, claims of copyright infringement are nothing new, and Netflix, producer Wheelhouse Entertainment, and auction house Goldin Auctions have joined the not-so-exclusive club. After a rigorous legal tussle, a federal judge has thrown out the copyright claims asserted against them. In the center of this whirlwind was a reality television show, “King of Collectibles,” a Goldin Auctions product purchased by Netflix.
On the offense was Gervase Peterson, prominent for his stint on the ever-popular reality series “Survivor.” His fangs were bared at Ken Goldin, the founder of Goldin Auctions, and the aforementioned entertainment giants. Peterson claimed he pitched the crux of “King of Collectibles” to Goldin back in 2019 under a different title – “The Goldin Boys.”
The seeds of contention were sown when Peterson noticed striking similarities between the show that was currently enjoying its second season on Netflix, and the fledgling concept he had presented to Goldin. According to Peterson, their lines of communication started to dwindle around mid-2020, and soon afterward, a concept resembling “The Goldin Boys” tiptoed into development without his knowledge or participation.
The crux of the defense argument? The subject of the show—an exploration into the operations of Goldin Auctions and the life of its founder—was within the realm of generic, unprotectable matters as stipulated by the Copyright Act.
Enter Judge Christine O’Hearn of the New Jersey federal district court, who nodded her judicial approval of this standpoint. In her eyes, Peterson’s declared copyright elements fell within the realm of scènes à faire—a legal concept referring to themes or scenes typically affiliated with a genre, thus ineligible for copyright protection.
Reality television is no stranger to scènes à faire, with various day-to-day operations depicted in “King of Collectibles” holding up as examples. Judge O’Hearn pointed out that concepts based on real-life topics and conventional elements found in the world of reality TV are usually deemed unprotectable. Her verdict underpins this fact and aligns with numerous past legal precedents where similar key issues were on the table.
Emerging from this legal turbulence, “King of Collectibles,” besides dodging the legal bullet, has also garnered considerable acclaim within the entertainment sphere. Notably, the series recently snagged a nomination for an Emmy award.
While things are left in a precarious position for future copyright speculators, the verdict once again draws attention to the intricacies of determining copyright in the often blurred lines of reality television programming. The discourse brought forth by this case could undoubtedly have implications for future standoffs that trespass the complex terrain of reality TV copyrights, possibly setting a precedent that advocates more precise communication and a clearer understanding from the get-go.
