
Online streaming giant Netflix, auction house Goldin Auctions, and its founder Ken Goldin, along with the producers of “King of Collectibles”, recently emerged from the courthouse victorious. A federal judge brushed aside a copyright infringement complaint lodged against them. The plaintiff up in arms? None other than Gervase Peterson, a former contestant of the well-known reality TV show, “Survivor.”
Peterson’s discontent stemmed from his belief that the central concept of “King of Collectibles”, which recently enjoyed the release of its second season on Netflix, was all too similar to an idea he originally presented to Goldin in 2019. This concept, christened “The Goldin Boys”, was asserted by Peterson to have been later modified by Wheelhouse Entertainment and consequently purchased by Netflix without involving him in the process or cutting him a slice of the proverbial pie.
Peterson’s array of grievances were focused around the undeniable connections he drew between the jest of his concept and the content of the show. After a period of initial interaction, Peterson alleges that he was dropped like a hot potato in mid-2020. Interestingly, not too long after this communication blackout, a production remarkably similar to Peterson’s concept was set rolling.
Gavel thudding in hand, however, the defense championed the argument that the reality show largely hung upon the threads of standard, uncopyrightable ideas. These revolved around the business workings of Goldin Auctions and highlights from Ken Goldin’s personal life.
Judge Christine O’Hearn of the New Jersey federal district court nodded along to this defense, pointing out that the elements Peterson declared protectable under copyright were largely recognized as scènes à faire. This legal jargon refers to themes and scenarios largely anticipated in a certain genre, and therefore, not candidates for copyright protection. She continued to reinforce that everyday happenings in a business environment, which “King of Collectibles” largely covered, fell within this legally unprotectable category.
Judge O’Hearn went on to underline the reality that real-life subjects and archetypes often spotlighted in reality shows are typically deemed stripped of copyright protection. Her reference here was to previous legal judgments concerning similar lawsuits.
With the dismissal of this case, the court has only served to reinforce the challenges inherent in attempting to copyright expansive notions and concepts frequently employed in reality TV. It seems the skeleton key to the typically cliche-locked door of reality television content cannot be granted legal protection, at least not in terms of copyright.
“King of Collectibles” not only charmingly waltzed around these legal booby traps but also caught the eye of the entertainment industry’s top shots, boasting a recent Emmy nomination. All in all, Netflix and Goldin Auctions had a lot to raise their glasses to in court.