A roadblock has been moved out of the path of streaming giant Netflix and Goldin Auctions, after federal Judge Christine O’Hearn binned a copyright infringement case filed against them. The case, set into motion by Gervase Peterson, an erstwhile contestant on the reality show “Survivor”, has proved to be more fizzle than flame.
Peterson had accused multiple parties – Goldin Auctions, the auction house’s founder Ken Goldin, Netflix, and the creators of the reality program “King of Collectibles” – of piggybacking off a concept he claims to have shared with Goldin back in 2019. Peterson alleged that his embryonic show concept christened “The Goldin Boys”, underwent metamorphosis into the incarnation of the show currently available on Netflix, all executed sans his participation.
The bone of contention was the perceptible parallels between his original pitch and the Goldin-ended series, which recently rolled out its second season on Netflix. Peterson and the defendants started a dialogue following his initial pitch, but communication allegedly flatlined mid-2020. A mere cymbal clash later, a production which bore uncanny resemblances to his original concept already had its wheels in motion.
Despite Peterson’s claims, the defendants threw their weight behind a counterpoint stating that the reality show, a personal peek into Goldin’s life and the operations at Goldin Auctions, serves up a dish of generic, uncopyrightable ideas under the purview of the Copyright Act.
Backing the defense’s argument, Judge Christine O’Hearn pointed out that the components Peterson hailed as protectable are in fact, simply elements of a scènes à faire. The legal term translates to generic themes or scenes that are commonly found in a genre and hence, are not under the ambit of copyright protection. Unsurprisingly, reality TV, which was the platform for Peterson’s pitched idea, shelters a horde of these including the daily business operations under the microscope in “King of Collectibles”.
Further underlining the defendants’ case, Judge O’Hearn emphasized that reality show staples – real-life subjects and routine elements – often escape the clutches of copyright protection laws. This is not a lone wolf case. There’s a storied legal history where similar lawsuits have been given the cold shoulder.
This dismissal stamps another notch on the belt of copyright claims set aside and reinforces the increasing challenge of laying copyright claims on broad themes and concepts commonly reused in reality TV.
Meanwhile “King of Collectibles”, that has skipped over unique legal landmines, has also paved its way into the entertainment industry success stories. It recently found itself sitting amongst the nominees for an Emmy award, adding a dash of glamour to this courtroom saga.
