A&E, Reelz & Big Fish Heading Towards Court Over ‘On Patrol: Live’ After Judge Denies Previous Motion

Peter White
·2 min read
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The battle between A&E and rival network Reelz and production company Big Fish Entertainment over On Patrol: Live looks to be heading towards court after a judge dismissed the latter’s previous motion.

Katherine Polk Failla, a district judge in the U.S. District Court Southern District of New York has denied Big Fish’s motion to dismiss a case brought by the cable networks group over whether On Patrol: Live was a “clone” of Live PD.

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A&E canceled Live PD, which was produced by Big Fish, in June 2020 in the aftermath of George Floyd’s killing, and the Amazon/MGM-backed production company went on to produce On Patrol: Live, which became a ratings hit for Reelz.

A&E sued Big Fish and Reelz in August 2022 and Big Fish hit back in December, calling the lawsuit “meritless”.

In the latest decision, Polk Failla wrote, “A wise man once observed, ‘If you can’t imitate him, don’t copy him.’ The fine line between permissible imitation and wholesale duplication is at the heart of this lawsuit.”

A&E’s claims are based on copyright infringement, trademark infringement, and unfair competition arising under state and federal law.

“Because On Patrol: Live copies nearly every single element in the same manner, coordination, and arrangement as Live PD, the Court does not hesitate to find that the works are substantially similar. On look alone, the two shows are virtually indistinguishable. The Court acknowledges that where, as here, protectability rests on a thin original contribution, the infringing work must involve ‘very close copying’ to survive dismissal,” added Polk Failla.

As a result of this latest ruling, A&E Television Networks may pursue discovery on these claims and the defendants – Big Fish Entertainment and Reelz – must respond by July 7. All parties are directed to file a joint status letter regarding next steps by July 21.

The move comes after Reelz and Peacock struck an unusual carriage deal in February that puts the linear channel and on-demand programming onto the NBCUniversal streaming service, potentially increasing eyeballs to On Patrol: Live.

On Patrol: Live is hosted by Dan Abrams, retired Tulsa Police Department Sergeant Sean “Sticks” Larkin, who both featured on Live PD, as well as Curtis Wilson, a deputy with the Richland County Sheriff’s Department. It launched in July 2022 and was handed an additional 90 episodes in February.

Live PD, meanwhile, premiered in October 2016 and aired nearly 300 episodes on A&E but was canceled in June 2020.

Big Fish Entertainment declined to comment. Reelz has not responded to a request for comment.

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