It seems like a win for the big screens again as Netflix, along with Goldin Auctions, its founder Ken Goldin, and the brains behind the reality TV series “King of Collectibles,” celebrate a triumphant moment in the courthouse. A federal judge has ruled in their favor, dismissing a copyright infringement lawsuit that had been breathing down their necks.
The lawsuit was a brainchild of Gervase Peterson, a one-time contestant on the popular show “Survivor” who claimed he was the real King behind the “King of Collectibles” though without the corresponding crown. Peterson alleged that he plowed a similar concept into Ken Goldin’s mind back in 2019. The pitch, under the working title “The Goldin Boys,” Peterson argued, was dug up, polished, and presented as something new under Wheelhouse Entertainment’s banner – a creation that Netflix would go on to adopt without even offering him a nod of recognition.
Peterson’s claims were anchored on the similarities he saw between the show that had already premiered its second season on Netflix and his original pitch. Peterson hinted that he was left out in the cold in 2020 when communication with Goldin abruptly stopped. Following that shutoff, a peculiar twist of fate saw a production bearing a stark resemblance to his creative child go into development. To defend against these claims, the defendants pulled out the Copyright Act, insisting the reality TV series was built on generic, unprotectable concepts.
Judge Christine O’Hearn of the New Jersey federal district court proved to be a pillar of support for this argument. She dipped into the concept of scènes à faire—a legal principle deeming certain themes as representative of a genre and thus, ineligible for copyright protection. O’Hearn underscored that most concepts perceived as unique features of reality television, including the detailed portrayal of day-to-day business operations like in “King of Collectibles,” fall squarely in this non-protectable zone.
Judge O’Hearn didn’t hesitate to stretch this point further, drawing on past legal verdicts where similar hurdles had been jumped. She emphasized that real-life topics and common elements found in reality shows frequently are a wash-out in terms of copyright protection. In delivering her verdict, the judge underscored the hardships of using the keys of copyright to lock down broad ideas and themes—a typical ace up the sleeve of most reality TV show creators.
The show “King of Collectibles” is far from wallowing in its legal win. Apart from successfully skating around courtroom icebergs, the show is riding high on the waves of recognition, even capturing the attention of the Emmys. It’s a clear indication that, as nettlesome as legal skirmishes can be, they, fortuitously, sometimes set the stage for greater troves of success.
