Goldin Auctions’ founder Ken Goldin, and Netflix can certainly breathe a huge sigh of relief as the gavel falls in their favor following a copyright infringement lawsuit. The allegations were leveled by none other than Gervase Peterson, who some might remember from CBS’s hit reality show “Survivor”. Apparently, the intrepid contestant didn’t quite survive this round in the legal jungle.
Peterson stuck his proverbial flag in the sand by claiming that his idea, aptly named “The Goldin Boys,” bore too striking a resemblance to “King of Collectibles,” a TV show currently enjoying its second season on Netflix. The show was developed by Wheelhouse Entertainment and scooped up by Netflix, with Peterson seemingly left out in the cold with nary a credit to his name.
This bone of contention was gnawed on in court, where Peterson attempted to draw parallels between his pitch and the show, asserting that discussions with Goldin veered southwards in mid-2020. Synchronistically, a production bearing a striking resemblance to Peterson’s pitch came into development afterward. The defence, however, argued that the reality show, which throws back the curtains on Goldin Auctions’ operations and lifts the lid on Goldin’s personal life, was merely showcasing generic, uncopyrightable ideas under the auspices of the Copyright Act.
Judge Christine O’Hearn, from the comfy confines of the New Jersey federal district court, cemented this viewpoint. O’Hearn stipulated that the elements Peterson was clutching onto for dear life were, in fact, considered scènes à faire. This French legal doctrine essentially acts as kryptonite to copyright enthusiasts, as it refers to scenes or themes typical to a genre, ergo, not worthy of copyright protection. O’Hearn pointed out that swathes of reality television fall under this umbrella, including the daily grind of Goldin Auctions, featured in “King of Collectibles.”
The eagle-eyed judge brought to light that reality shows’ real-world subjects and elements often fall into the amorphous realm of uncopyrightability, alluding to past legal tussles with similar themes. This dismissal not only insulates “King of Collectibles” but also, more widely, underscores the problematic nature of trying to copyright broad themes and concepts frequently peppered throughout reality TV.
Despite the legal shadow cast upon it, “King of Collectibles” hasn’t buckled under the pressure. Instead, it seems to have thrived, having recently been fancied for an Emmy nomination. A well-deserved pat on the back, perhaps? Well, the court and the audience seem to think so.
