In the non-stop commotion of reality TV, Netflix and Goldin Auctions just witnessed a reality check – a check on the fine line that separates unoriginality and copyright infringement. A federal court recently dismissed a lawsuit against these two powerhouses, setting them free from the stress of possibly cleaning out their coffers.
The case started brewing when Gervase Peterson, once a contestant of the reality TV show “Survivor,” claimed that his concept, “The Goldin Boys,” got poached. Peterson’s bone of contention was that Ken Goldin, founder of Goldin Auctions, took his pitch and made it into a lavish reality show, “King of Collectibles,” with the help of Wheelhouse Entertainment. The show then made it onto the Netflix roster, but without Peterson’s name anywhere in sight.
Peterson engaged initially with Goldin in 2019, sharing his golden concept of a show. Mid-2020, he frowned as he saw the bidirectional communication waves grow silent. Peterson’s frown deepened into a crease of despair as he witnessed a strikingly, worryingly familiar show making its debut on Netflix. However, the defense team cut down Peterson’s passionate claims, stating the show revolved around run-of-the-mill, nonprotectable ideas ingrained in the fabric of the Copyright Act.
Judge Christine O’Hearn, presiding over this heated debate in the New Jersey federal district court, decided to paddle the defense’s boat. The judge showed the red card to Peterson’s claim of copyright infringement, explaining that the elements he believed were his personal protectable patents were, in fact, categorized as scènes à faire. This legal principle indicates scenes or themes that grace any genre with their presence, and hence, they are not exactly protectable materials under copyright laws.
The judge drove this point home with the example of reality TV. Sounds of a busy workplace, flurries of everyday activities, banality of personal life – all these glimpses of ‘real’ life, as seen in “King of Collectibles,” are commonplace in reality television. These are real-world subjects and typical elements, and they must share their stage with others, without the binding ropes of copyright protection. This perspective is not a first. Past judicial stalwarts have also walked this path, reinforcing the belief that broad entertainment concepts aren’t easy to copyright.
Judge O’Hearn’s verdict not only cleared Netflix and Goldin Auctions of the allegation but also painted a vivid picture about the difficulty of copyrighting broad and generic concepts of reality TV. So, while some might see this as a defeat for Peterson, it is also a reaffirmation that the copyright law still works, just not always in the way one might expect.
The cleared clouds over the copyright issue have let the “King of Collectibles” bask in its moment of sunshine once again. The show, free from the legal tussle, can now return to where it truly belongs – in the hearts of its viewers and in the good graces of the entertainment industry. After all, an Emmy nomination is not something you sweep under the legal rug.