A federal judge has dismissed a copyright infringement lawsuit filed against Goldin Auctions, its founder Ken Goldin, Netflix, and the producers of the reality TV show "King of Collectibles." The suit was initiated by former "Survivor" contestant Gervase Peterson, who claimed he pitched a similar show concept titled "The Goldin Boys" to Goldin in 2019, only to see a comparable show developed by Wheelhouse Entertainment and subsequently purchased by Netflix. The show in question, "King of Collectibles: The Goldin Touch," is now approaching its second season.
Peterson's lawsuit hinged on the assertion that the premise he introduced to Goldin and the resulting show were substantially similar, alleging that after initial discussions, communication ceased in mid-2020. Subsequently, Goldin and Goldin Auctions allegedly took an 8 1/2 minute sizzle reel to the production group that eventually launched the show. "King of Collectibles" premiered on Netflix in May 2023.
The defense argued that a reality TV show concept based on the day-to-day operations of Goldin Auctions and Goldin's personal experiences does not qualify for copyright protection under the Copyright Act. Judge Christine O’Hearn of New Jersey’s federal district court concurred with this position, stating that the elements Peterson claimed were protectable are considered generic ideas and scènes à faire, which are not copyrightable. Scènes à faire refers to elements in a work that are standard for a particular genre and thus cannot be legally protected.
Judge O'Hearn also noted that similar themes are common in other reality shows and highlighted that real people and typical reality show elements cannot be copyrighted. Her ruling emphasized that reality television is often characterized by standard, unprotectable ideas and scenarios.
The dismissal underscores the challenges in claiming copyright over broad reality TV show concepts and common thematic elements. "King of Collectibles" has also garnered attention in the entertainment industry, recently receiving an Emmy nomination.