Copyright Brouhaha Ends in Favor of Netflix, Goldin Auctions


In a recent court battle that ended with a sigh of relief for the defendants, a federal judge has concluded the lawsuit levied against Goldin Auctions, its founder Ken Goldin, Netflix, and the producers of the reality TV show “King of Collectibles.” The case, filed by a former “Survivor” contestant Gervase Peterson, alleged copyright infringement against these entities, implying that his conceptual puzzle piece had been used without his consent or involvement. However, the judge’s verdict has since blown the whistle signaling the end of this match.

Peterson’s assertion was that he had delivered a pitch titled “The Goldin Boys” to Goldin in 2019, which he claimed was reciprocated by deafening silence only to reappear before his eyes as a Netflix series developed by Wheelhouse Entertainment. The bone of contention that initiated the legal battle was the perceived similarities between his visionary plan and the show, which has already entertained its audience with a second season on Netflix.

The narrative took a swift turn in mid-2020; after a brief duet with Peterson, the curtains abruptly fell, and the spotlight shifted to Goldin Auctions. They were now in the process of creating a show bearing an uncanny resemblance to Peterson’s pitch. Nevertheless, the defense held firm, articulating with conviction that the core essence of the reality show, focusing on the intricate operation of Goldin Auctions and the gold-tinted personal life of Ken Goldin, was embedded in generic, non-proprietary ideas and themes, thus outside the scope of the Copyright Act.

The verdict, issued by Judge Christine O’Hearn of the New Jersey federal district court, echoed the defense’s view. She elaborated on the lawsuit, explaining that the elements Peterson had marked as copyright-eligible fell under scènes à faire. This legal principle implies that certain scenes or themes typical to a genre are not subject to copyright protection. Day-in, day-out business operations, as portrayed in “King of Collectibles”, form an integral part of this category in the reality television genre.

In addition to this, Judge O’Hearn accentuated the knack of real-life stories and standard elements found in reality shows to consistently evade copyright protection. She substantiated her perspective by citing previous rulings where courts had rendered similar judgements. The dismissal of this case by the judge reaffirms the treacherous terrain copyrighting poses for broad concepts and themes commonly used in reality TV shows.

“King of Collectibles” has not only managed to sidestep the legal tripwire but has also leapt onto the recognition platform in the entertainment industry. The show has recently been nominated for an Emmy award – a triumph of sorts – in what could have been a game of snakes and ladders, descending into a lawsuit abyss. Instead, it ascended to recognition heaven, proving that reality TV, in this case, is stranger, and luckier, than fiction.

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