Ken Goldin and Netflix Defeat ‘King of Collectibles’ Copyright Case

Michael McCann
·3 min read
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A federal judge Monday dismissed a copyright infringement lawsuit brought by former Survivor contestant Gervase Peterson, who claims Ken Goldin, Goldin Auctions and Netflix stole an idea for a reality show about Goldin and his staff acquiring and selling sports memorabilia.

Judge Christine O’Hearn of New Jersey’s federal district court ruled the copyright law doctrine of scènes à faire makes the reality show King of Collectibles: The Goldin Touch (KOC) unprotectable.

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As Sportico explained when Peterson filed his lawsuit last year, he and others developed a script/screenplay for The Goldin Boys in 2019. The show concept envisioned Goldin—a world leader in collectibles who has sold more than $1.3 billion in memorabilia—and his staff acquiring and selling memorabilia. The show imagined a feature on Jackie Robinson’s contracts. Peterson’s group says they pitched the idea to Goldin.

The project didn’t advance. Goldin later teamed up with Netflix to produce KOC, which features Goldin and a high-ranking employee, Dave Amerman, interviewing various sports celebrities. The show, which has included a segment on Robinson’s contracts, has been renewed for a second season.

Key to the case is scènes à faire, which is French for “scenes that must be done.” This legal principle instructs that storylines and plots generally can’t be copyrighted into a fixed and tangible medium of expression. The basic logic is they are routinely used and often necessary to tell a particular story.

Consider ideas for a film or TV show about a family living in a haunted house, aliens invading Earth or a documentary about World War II. They can’t be “owned” in a copyright sense. They’re common and recycled plot devices indispensable for certain expressions captured in entertainment products.

O’Hearn underscored that reality TV shows “are frequently found to be rife with unprotectable ideas and scenes à faire,” and that courts “routinely” dismiss copyright infringement claims over them. She cited reality TV shows featuring dance competitions, arranged marriages between strangers, athletic contests and even former President Donald Trump hosting a “corporate-themed” show. Judges ruled against the plaintiffs in those cases because the subject matters were not protectable.

To that point, the judge said KOC fits within scenes à faire.

“The Court,” she wrote, “is hard pressed to imagine two characters that would be more indispensable to a reality show about a business than its founder and a key employee.” O’Hearn added that “courts routinely find that real people cannot be copywritten.”

The judge also rejected Peterson’s argument that Amerman as the “affable second-in-command foil” is protectable. She noted the “right-hand-man” character is “generic prototype” in entertainment and that casting a real person on a show is outside the scope of protection. O’Hearn further noted the “general idea” of a show where celebrity athletes talk about themselves and collectibles “cannot be copyrighted.” Those “elements” are generic and stock when used in a sports-themed reality show.

Peterson can appeal O’Hearn’s ruling to the U.S. Court of Appeals for the Third Circuit.

As for Goldin, he issued a statement expressing gratitude “that we have been 100% vindicated.” He said the ruling “speaks for itself” in that KOC “is based on my business, my life, and all the individuals who play a role in making it all possible.”

With his show renewed for a second season, Goldin says he wants to continue to “introduce millions of people to our world of collectibles.”

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