A federal judge has ruled that A&E’s copyright infringement lawsuit against Reelz and the producers of its biggest show, On Patrol: Live, can move forward.
In her ruling, U.S. District Judge Katherine Polk Failla denied a motion to dismiss the case from defendants Big Fish Entertainment, Half Moon Pictures and ReelzChannel — which produce and air On Patrol: Live. A&E filed a copyright infringement suit in August 2022, alleging that the Reelz show is a clone of its former show Live PD, down to the arrangement of the hosts’ desks and boilerplate text shown at the beginning of episodes.
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Live PD was A&E’s highest-rated program for several years before it was canceled in June 2020 amid nationwide protests against police brutality, sparked by the murder of George Floyd.
The lawsuit came about a month after On Patrol: Live premiered on Reelz and instantly became the channel’s most watched show. A&E cited in its complaint a June 2022 tweet from host and executive producer Dan Abrams that reads “Live PD is coming back,” while Reelz touted in a press release that it was adding the “#1 TV Show to our programs lineup” with “all new live episodes.” The series was even initially titled PD Live before A&E sent a cease-and-desist letter, after which it was renamed On Patrol: Live.
Failla wrote in her ruling that while individual elements of a show like Live PD, including live footage from law enforcement and analysis from in-studio hosts, aren’t eligible for copyright protection, “the particular selection and arrangement of the elements as a whole — namely, the mix of live police footage and in-studio commentary; the black screen displaying a message regarding a suspect’s innocence in white text each time the show begins or returns from a break; the red and blue lights to mirror police cars; the use of hosts Dan Abrams and Sgt. [Sean] Larkin, sitting around virtually identical tables with virtually identical mugs; the sequencing of the ‘Missing’ and ‘Crime of the Week’ segments and the guest on the ‘Missing’ segment; the positioning of the hosts; the specific and consistent camera angles used; and the following of specific police departments across weeks — considered together, are sufficiently creative to state a cognizable copyright claim.”
The ruling states A&E can now pursue discovery on its claims of copyright infringement, trademark infringement and unfair competition, and directs the defendants to file an answer to the complaint by July 7.
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