In what may be a jab to those hoping to snatch a cut of the lucrative reality TV pie, a federal judge cleared Netflix, Goldin Auctions, its founder Ken Goldin, and the producers of “King of Collectibles” from the thorny brambles of a copyright infringement lawsuit. The plaintiff, Gervase Peterson, is a former competitor on the hit reality series “Survivor,” who found himself on the losing tribe in this legal battleground. Peterson alleged his original idea, “The Goldin Boys,” was turned into a popular TV series without his involvement.
At the heart of the dispute were supposed similarities between Peterson’s idea and “King of Collectibles,” a reality series that recently launched its second season on Netflix. Peterson’s engagement with Goldin in 2019 evolved into radio silence in mid-2020. Not long after, a concept closely mirroring his vision evolved into something tangible, albeit without his input. Yet, the defense hit back with a compelling argument: a reality show shedding light on Goldin Auctions’ operations, and Goldin’s private life, was based on general concepts impossible to protect under the Copyright Act.
Coming to bat for this viewpoint was Judge Christine O’Hearn of the New Jersey federal district court. She concurred with the defense, stating that what Peterson claimed necessary to protect was fundamentally scènes à faire—legalese for themes or scenes deemed standard to a genre, thus not subject to copyright protection. Day-to-day business operations, especially those depicted in “King of Collectibles,” fell into this ubiquitous category.
Judge O’Hearn pushed the point further by reminding all parties that real-life subjects and frequently occurring elements in reality shows are often labeled unprotectable. In past law cases, judges have swung the gavel similarly, highlighting the uphill struggle to copyright basic notions and motifs commonly found in reality television.
Having extricated itself from potentially sticky legal entanglement, “King of Collectibles” shows no sign of slowing down. Not only has the show navigated the landscape of law, but it has also successfully charmed in the realm of entertainment, snagging a nomination for an Emmy. Only time will inform if the reality show is not just the king of collectibles but of the television awards circuit as well.
