Give it up for Netflix and Goldin Auctions, who have just scored a major win in a high-profile copyright infringement case. Judge Christine O’Hearn of the U.S. Federal District Court in New Jersey tipped her scales of justice in their favor, dismissing allegations made by Gervase Peterson, a contestant from the popular reality TV show “Survivor.” This story intertwines the realities of television entertainment, cutthroat business deals, and the complex world of intellectual property rights.
The essence of the dispute orbited around Peterson’s claim that he had ambitiously pitched a concept titled “The Goldin Boys” to Ken Goldin, founder of Goldin Auctions, in 2019. He further alleged that this idea was molded, without his involvement, into a rollicking reality TV show by Wheelhouse Entertainment, and eventually grabbed by Netflix. The animosity was fueled further when Peterson discovered apparent similarities between his original pitch and “King of Collectibles,” a reality series centered on Goldin Auctions operations and Ken Goldin’s personal life, that had recently debuted its second season on Netflix.
As the drama unfolded, Peterson found his claims hitting a brick wall as it was countered that “King of Collectibles” was constructed around generic, unprotectable ideas under the Copyright Act, a defense that brought about the ultimate dismissal of the case. Judge O’Hearn supported this reasoning, introducing us all to a term known as scènes à faire, a specialized legal doctrine that denotes common themes or scenes in a particular genre. This implies such typical themes are not subject to copyright protection. And wouldn’t you know it, many aspects of reality television inhabit this very category, as demonstrated by the daily business operations portrayed in “King of Collectibles.”
Supporting her judicial insight, Judge O’Hearn noted that elements considered as routine or typical in reality shows, and real-life stories, frequently fall into the ‘unprotectable’ category. Reinforcing her reasoning were past legal precedents with similar thematic claims. All this serves as a constant reminder of the uphill battle in claiming copyright protection for broad concepts, especially pertaining to reality TV shows.
Not only has “King of Collectibles” dodged legal bullets in the courtroom, but it also demonstrated its resilience in the industry spotlight by bagging a recent Emmy nomination. A noteworthy achievement after the lawsuit drama, promising further engagement for its diverse audience-base, while also asserting its right to exist in the sprawling landscape of reality television.
In this dueling spectacle of intellectual rights and entertainment, Netflix and Goldin Auctions have emerged victorious. Their victory underpins a landmark judgment that reiterates the complexities of navigating copyright in the bustling world of reality television. Time and again, the enduring lesson surfaces that ideas in isolation, especially generic ones, shockingly don’t warrant copyright protection. Only their unique expressions do. So, here’s a tip for all prospective reality TV creators out there – keep your creativity in high gear, and if you happen to share your grand ideas, make sure to cross your ‘T’s’ and dot your ‘I’s’ with the law in mind.
