Like a protagonist in an action flick dancing around bullets, Netflix and Goldin Auctions have relativized a significant legal threat, coming out unscathed. The attempt to file a copyright infringement claim from Gervase Peterson, a one-time “Survivor” contestant, has left no marks as a federal judge swiped it off the table, reiterating the challenging nature of copyrighting generic concepts commonly used in reality television.

Peterson alleged that he proposed a concept similar to the Netflix-adopted series “King of Collectibles” to Ken Goldin, the founder of Goldin Auctions, back in 2019. He claimed that his pitched idea, entitled “The Goldin Boys,” was later morphed into a full-blown show by Wheelhouse Entertainment, and subsequently up for grabs by the streaming giant Netflix, all occurring without a trace of his name attached.

The bones of contention lie in the underbelly of Peterson’s perception of similarities between his concept and the popular Netflix series, which recently bid hello to its second season. The story goes that after initial engagement with Peterson, Goldin seemingly fell off the radar by mid-2020. Mere moments after, a production concept bearing resemblance to Peterson’s pitch began to take form. However, the defense cut through these allegations, asserting that the reality series, a blend of the operational essence of Goldin Auctions and Goldin’s personal life trajectory, was rooted in unprotectable generic ideas as per the Copyright Act.

Lending her support to the defense, Judge Christine O’Hearn of the New Jersey federal district court elaborated that the elements Peterson claimed as protectable under the Copyright Act, were nothing but components of scènes à faire. Scènes à faire, by definition, includes situations or themes typical to a particular genre, and hence, are not eligible for copyright protection. The judge noted the pool of reality television scenes that bob in this category too, including the daily grind of business operations portrayed in “King of Collectibles”.

Judge O’Hearn further spotlighted that elements common to reality-television, and real-world subjects do not qualify for the protective umbrella of Copyright Law. She backed this assertion with a caboodle of previous legal rulings where similar cases met their justified end. By dismissing the case, Judge O’Hearn effectively drew a clear circle around the significant difficulty tied to the endeavor of copyrighting broad concepts and themes, frequently served up on the platter of reality television.

Despite this rollercoaster ride, “King of Collectibles” hasn’t just dodged a major legal bullet, but it has also proved worth in the entertainment arena. The cherry on top? An Emmy nomination, a badge of honor and recognition in the bustling industry of entertainment.

While the lawsuit may be history, this case is a stark reminder of the fine line that often blurs within the vast world of copyright law, specifically when it crosses into the unpredictable arena of reality television.

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