Netflix Sues the Creators of the Unofficial Bridgerton Musical
Abigail Barlow and Emily Bear acquired fame in the Titktok community after making musical interpretations of the Netflix’s show Bridgeton. The TikTok releases became an album in September 2021, with 15 songs performed by Barlow and Bear. Their musical performances won the 2022 Grammy Award for Best Musical Theater Album. Shortly after their Kennedy Center Performance on July 26, 2022, Netflix filed a lawsuit against the Unofficial Bridgerton Musical creators, alleging copyright and trademark infringement. Netflix claims that Barlow and Bear have “taken valuable intellectual property from the Netflix original series Bridgerton to build an international brand for themselves.”
The Law Suit
Netflix is the current exclusive owner of the Bridgerton songs, musical, or any derivative works based on Bridgerton. According to the lawsuit, in March 2021, Barlow & Bear’s sought Netflix’s permission to perform at a U.K. charity promotion in July or August of 2021. Netflix responded by stating that it will not stand in the way, but Netflix did not approve or authorize the album’s release. The requested performances, however, did not happen.
The complaint states, in August 2021, Barlow & Bear were due to release an album, the Unofficial Bridgerton Musical to Spotify to which Netflix responded stating that it was not authorized and did not want the duo to engage in any live performances that would compete with Netflix’s own planned live events, including the Bridgerton Experience.
In November 2021, Barlow & Bear informed Netflix that the U.K. charity performance had been rescheduled for later that month and the live concert focused on Barlow & Bear’s broader repertoire—and not as the Unofficial Bridgerton Musical. The proceeds from the event would be donated to a local foundation. Netflix stated that the Unofficial Bridgerton Musical was not authorized and that the U.K. event could be only a one-time event, and Barlow and Bear gave Netflix assurances that they would avoid becoming known as the “Bridgerton girls.”
In March 2022, the duo was nominated for a Grammy. Again, Netflix reached out to confirm that Barlow and Bear had no Bridgerton-related performance plans beyond the Grammy nomination and any follow-up interviews if they were to win. Again, the duo provided assurances that they had no such plans as they did not want to become known only for their work derivative of Bridgerton.
According to Netflix’s legal team, on June 7, 2022, Barlow & Bear’s representative informed Netflix that they would be performing the Unofficial Bridgerton Musical at the Kennedy Center and stated that they were not asking for Netflix’s permission. Netflix informed counsel for Barlow and Bear that the July 2022 performances were not authorized and that “such exploitation would constitute willful copyright and trademark infringement unless they negotiated a license–which Netflix was willing to do.” Bear and Below, however, continued on with their plans without accepting the offer.
Barlow & Bear performed 14 of the 15 songs from the Unofficial Bridgerton Musical Album at the Kennedy Center in July. The event was sold-out, tickets ranged from $29 to $149 per seat in a 1,100-seat venue, and the option to purchase VIP packages. Barlow and Bear sold merchandise–including clothings, songbooks, vinyl— featuring the BRIDGERTON trademarks.
The Intellectual Property Claims
Netflix alleges that the Barlow and Bear’s decision to usurp Bridgerton series for itself threatens Netflix with irreparable harm. Moreover, Barlow and Bear’s behavior, says Netflix, amounts to misrepresentation to the audience that they had permission to use Netflix's BRIDGERTON trademarks.
The complaint alleges that Barlow and Bear’s conduct, as well as assurances given to Netflix, demonstrate that the duo knew they needed Netflix’s permission for live performances of the Unofficial Bridgerton Musical. Netflix claims copyright infringement as Barlow and Bear lacked rights or license to reproduce, perform, or distribute the creation of new derivative works based onBridgerton. Further, Netflix claims trademark infringement because Barlow and Bear created, promoted, published, and sold merchandise featuring the Unofficial Bridgerton Musical, which utilized the BRIDGERTON mark without Netflix’s authorization and consent.
The Future of Fan-Fiction
While it’s too early to predict the end result of the lawsuit, Barlow and Bear have stated that they are planning further live performances of the Unofficial Bridgerton Musical. Much of fan-fiction is currently protected under the Fair Use Act as long as the work is “transformative,” where the fan-fiction work adds new meaning and value to the original work. Fan-fiction must also be noncommercial and not intended to generate profit for the creator of the work. This lawsuit may have serious implications for fan culture of well-recognized brands. Creatives and business owners may have to balance their economic and intellectual property interest against the impact of derivative fan works.
—Laila Ghauri, Esq., Intellectual Property Lawyer, Antares Law Firm
