Musical Creators Face David Vs. Goliath Legal Battle with Giant Streamer

Netflix is suing the lyricist and composer of the musical “The Unofficial Bridgerton Musical,” claiming the duo infringed on its TV mega-hit show’s intellectual property. The complaint was filed in the U.S. District Court in Washington, D.C.

Netflix sued the two creators of “The Unofficial Bridgerton Musical” on four causes of action including copyright infringement and infringement of registered trademarks.

The creators, Abigail Barlow and Emily Bear, received permission from Netflix when they shared their music on social media. However, Netflix agreed to the creators’ ideas when it appeared as an online, free tribute to the hit series.

When the free project debuted online, Netflix publicly posted support for the Barlow and Bear project. On Twitter, the streaming platform posted, “Absolutely blown away by the Bridgerton musical playing out on TikTok. Standing ovation for @abigailbarloww and @nick_t_daly.”

But once the project became a live, for-profit show, Netflix filed a lawsuit for infringement. The lawsuit appeared a few days after the duo staged “The Unofficial Bridgerton Musical,” in person at The Kennedy Center.

The legal issue now is that since Netflix publicly cheered on the project when it was free on social media, was that permission lasting? Did Barlow and Bear have to get new permission because they staged a for-profit show?

When the lyricist/composer duo initially posted a video performing one of their songs on TikTok in 2021, when Netflix cheered them on publicly on Twitter, the duo also announced plans to livestream the ongoing development of their project plus their intention to record an album.

Soon after their social media success, the duo experienced global success, winning awards and gaining viral popularity.

“The Unofficial Bridgerton Musical” first popped up on social media and then had a number one hit on iTunes US Pop charts. Barlow and Bear went on to win a Grammy for this work, winning the best musical theater album for their creation. On iTunes alone, Barlow and Bear have gained 45 million streams.

The duo then played their concept album, comprised of about fifteen songs, live on July 26 at The Kennedy Center in Washington D.C. “The Unofficial Bridgerton Musical Album Live in Concert” in D.C. sold out, with tickets selling for up to $149.

Netflix sued vocalist Barlow and producer plus orchestrator Bear for infringement a few days after this live performance.

In the lawsuit, Netflix claims that the creators of “The Unofficial Bridgerton Musical Album Live in Concert” were not honest with their numerous audiences, since they told their fans they used the famous “Bridgerton” trademark “with permission.”

Netflix, in court documents, also strongly objects to a supposedly planned line of merchandise, plus the production’s upcoming, live tour dates.

In a public statement, Netflix said Barlow and Bear never had “formal permission” for their projects.

“Netflix supports fan-generated content, but Barlow & Bear have taken this many steps further, seeking to create multiple revenue streams for themselves without formal permission to utilize the ‘Bridgerton’ IP,” said Netflix. “We’ve tried hard to work with Barlow & Bear, and they have refused to cooperate. The creators, cast, writers and crew have poured their hearts and souls into ‘Bridgerton’ and we’re taking action to protect their rights.”

Netflix claims the live stage performance featured over a dozen different songs that included specific, copied dialogue, numerous character traits, and other elements taken from the Netflix hit series“Bridgerton.”

Prior to Netflix’s lawsuit, Barlow and Bear released a statement about their then-upcoming live project to be staged at the Kennedy Center.

“We are so thrilled for ‘The Unofficial Bridgerton Musical’ album to make its orchestral world premiere at The Kennedy Center,” Barlow and Bear said in their statement. “When we began this journey, we had no idea how much this music would resonate with so many people. Being able to perform our work at such an iconic venue is a dream come true, and we can’t wait to see you all there.”

Shonda Rhimes, the creator of the hit “Bridgerton” romantic series, said she loves her millions of fans and their many ways of expressing their love for her characters and story, but she does not accept anyone taking her “intellectual property” without permission.

“There is so much joy in seeing audiences fall in love with ‘Bridgerton’ and watching the creative ways they express their fandom,” Rhimes said. “What started as a fun celebration by Barlow & Bear on social media has turned into the blatant taking of intellectual property solely for Barlow & Bear’s financial benefit. This property was created by Julia Quinn and brought to life on screen through the hard work of countless individuals. Just as Barlow & Bear would not allow others to appropriate their IP for profit, Netflix cannot stand by and allow Barlow & Bear to do the same with ‘Bridgerton.’”

Court documents claim Barlow and Bear have “announced they intend to stage yet another performance of their unauthorized derivative works at the Royal Albert Hall in London, making this a world tour.”

Netflix is seeking to be “entitled to recover its reasonable attorneys’ fees, costs of suit and interest (and) be awarded any and all such other and further relief as this Court shall deem just and proper.”

In the lawsuit, Netflix states that before filing its lawsuit, it had been open to negotiating a license permitting both live performances plus album distribution, but Barlow and Bear rejected this idea.

Barlow and Bear have not yet offered any public comments on the lawsuit.