Judge Christine O’Hearn presiding over the New Jersey federal district court gave a verdict that had the entertainment industry buzzing. She dropped the copyright infringement lawsuit against Netflix, Goldin Auctions, and the high-profile reality series “King of Collectibles.” Gervase Peterson, a former contestant on “Survivor,” had lodged this legal challenge claiming his concept was pilfered.
Peterson’s grievance was hinged on his perception that his pitch titled “The Goldin Boys,” which he allegedly presented to Ken Goldin – founder of Goldin Auctions, in 2019 was stolen. He claimed that this brainchild of his morphed into the crux of “King of Collectibles,” developed by Wheelhouse Entertainment, and later claimed as their own on Netflix’s streaming platform, leaving him on the sidelines.
Things seemed optimistic initially when Peterson’s initial pitch sparked interest but lost momentum in mid-2020, leading to the communication between both parties drying up. Not long after, a mirror image of his concept was flaunted on Netflix as the brainchild of someone else. Peterson’s allegations, however, hit the judicial brick wall, given the inherent nature of the reality show. The defense claimed that it revolved around ubiquitous, non-proprietary concepts under the Copyright Act and was not a rip-off of Peterson’s concept.
The reality show followed under the microscope the humdrum and the chaos of the daily operations at Goldin Auctions and the private life of its founder, Ken Goldin. Weighing in, Judge O’Hearn affirmed the defense’s stance. She clarified that the elements Peterson zealously guarded as protectable fell under the category of scènes à faire. This legal tenet signifies that certain scenes or themes common to a genre are free from the constraints of copyright protection.
Much like a rinsed painting palette, the typical hues of reality television fall under this uncopyrightable category, a truth Judge O’Hearn accentuated. Shedding more light on her rationale, she illustrated that such factors from everyday life and familiar elements of reality shows frequently elude the trap of copyright protection. To support her judgment, she cited earlier legal precedents where similar rulings were given. Her dismissal of Peterson’s case shined a spotlight on the uphill task of securing copyrights on the latitude of concepts and themes commonly explored in reality TV.
The dismissal of this lawsuit marked not just a victory on the legal front for the makers of “King of Collectibles.” The reality show proudly withstood the hard knock and maintained its head held high in the entertainment world. Recently, it claimed a nomination for a coveted Emmy award, testament to its artistic merit and popular appeal. The show’s promise to persevere against many odds is very much alive, with its second season drawing viewers from across the globe on Netflix, unburdened by the weight of a once-looming lawsuit. The die is cast, and it seems that the “King of Collectibles” sat on its throne, uncontested.
