Netflix, alongside Goldin Auctions and its eponymous founder Ken Goldin, can breathe a sigh of relief after a United States federal judge tossed out a copyright infringement lawsuit filed against the reality television show “King of Collectibles.” The individual behind the legal embroilment was none other than Gervase Peterson, known for his stint on the iconic reality series, “Survivor.” Peterson alleged that he had been wronged, claiming that the concept of “King of Collectibles,” which he had pitched to Goldin as “The Goldin Boys” back in 2019, had been developed by Wheelhouse Entertainment and acquired by Netflix sans his involvement.
The apple of discord was undeniably the perceivable similarities between Peterson’s original pitch and the “King of Collectibles,” which recently raised the curtains for its second season on Netflix. While Peterson was indeed engaged initially, this interaction ceased in mid-2020, and eerily, a production strikingly similar to his pitch was soon under the spotlight. Despite the circumstantial smoking gun, the defense team for Netflix and Goldin Auctions remained unswerving in their stance: the reality show was based on ideas so generic they could hardly be claimed under the Copyright Act.
Supporting this perspective was Judge Christine O’Hearn of the New Jersey federal district court. She elucidated that Peterson’s supposed protectable elements were merely scènes à faire, or common scenes typical to a genre and thus outside the protective umbrella of copyright laws. The judge opined that this definition embraced many facets of reality television, including the quotidian business functions portrayed in the “King of Collectibles.”
Judge O’Hearn further underscored that real-life elements frequently depicted in reality shows — including typical business scenes, regular interactions, predominant emotions, and general themes — are often deemed unprotectable under copyright legislations. The history of legal verdicts bears a testament to this stance, with numerous similar cases being dismissed in the past. With her decision to give the case a wide berth, Judge O’Hearn has reinforced the arduous task of copyrighting abstract concepts and overused themes typical of reality TV shows.
Interestingly though, the “King of Collectibles” hasn’t just dodged the legal bullet, but has also garnered accolades on its journey, having been shortlisted for the much-coveted Emmy award recently. So while Peterson may mourn the loss of his copyright claim, the show must — and evidently does — go on for Netflix and Goldin Auctions. Their floating unknowns have now settled, while their bright spotlight upon the entertainment industry’s stage continues to shine even more brightly. Following adversity and legal battles, one could say the companies didn’t just survive, they thrived.
