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Intellectual Property — copyright — Whyte Monkee Productions — Netflix, Royal Google Productions — Tiger King, fair use principle (US)

In 2020, Whyte Monkee Productions filed a claim alleging copyright infringement against Netflix and Royal Google Productions. Whyte Monkee is a production company associated with Timothy Sepi, a videographer and former employee at the Gerald Wayne Interactive Zoological Park — the zoo founded by Netflix documentary star “Joe Exotic.” Sepi had filmed various videos at the park, some of which were used by Netflix for the documentary “Tiger King: Murder, Mayhem and Madness,” allegedly without asking for permission to Sepi and Whyte Monkee. The US District Court for the Western District of Oklahoma ruled in favor of Netflix in 2022. The appellate court confirmed the lower court ruling regarding seven of the eight videos. The case has been remanded to ask questions regarding the notion of fair use for the eighth video.  A second case filed in California state court and removed to the US District Court for the Northern District of California was dismissed with prejudice in 2024 based on claim preclusion.

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