IP Law Daily, COPYRIGHT—W.D. Okla.: $35K attorneys’ fees awarded in Tiger King copyright infringement case, (Oct 3, 2022)

By Jonathan Anderson

Netflix and a production company, which prevailed in the suit, had sought $170,705 in attorneys’ fees.

The federal district court in Oklahoma City has awarded $35,000 in attorneys’ fees to Netflix and a production company involved in the Tiger King documentary series after defeating claims of copyright infringement brought by a former exotic animal park employee. The court concluded that the plaintiffs’ claims were objectively unreasonable and their motivation for suing improper. However, the court also found that the defendants’ proposed $170,705 in attorneys’ fees would be an inequitable burden on the plaintiffs (Whyte Monkee Productions, LLC v. Netflix, Inc., September 30, 2022, DeGiusti, T).

Background. In 2020, the video streaming service Netflix, Inc. released Tiger King: Murder, Mayhem and Madness, a seven-part documentary series produced by Royal Goode Productions, LLC. The series featured several individuals who owned tigers and other exotic animals, but mainly focused on the Tiger King himself, Joe Exotic. Included in the series at various points were short clips from eight videos filmed by a former employee of the wild animal park, Gerald Wayne Interactive Zoological Park, and purportedly produced by Whyte Monkee Productions, LLC. After the release of Tiger King, the former park employee registered the eight video clips with the U.S. Copyright office in his own name or the name of Whyte Monkee Productions.

The former employee and his production company sued Netflix and the documentary’s production company for copyright infringement. Netflix and Royal Goode Productions moved for summary judgment, arguing the video clips were works for hire and fair use. In granting summary judgment in favor of the defendants in April 2022, the court concluded that seven videos were works for hire because the videos were created within the park employee’s scope of employment. The court also found that use of another video clip of a funeral ceremony was protected under fair use (Whyte Monkee Productions v. Netflix, Inc., April 27, 2022, DeGiusti, T.).

Attorneys’ fees. As the prevailing party, defendants sought $170,705 in attorneys’ fees, which they argued was appropriate because plaintiffs’ copyright infringement claim was frivolous and objectively unreasonable. The court agreed the claim was objectively unreasonable and that the plaintiffs’ motivation for suing was improper. The court also recognized that the defendants were “plainly required to spend significant time and financial resources litigating this lawsuit, and there is a need to deter other plaintiffs from relying on sham testimony to advance unfounded claims.” Plaintiffs argued that the requested attorneys’ fees would result in a “significant financial hardship” because their income is $2,000 per month and their expenses are $1,850 per month. Defendants countered that they are seeking only a fraction of their attorneys’ fees, which were $590,000 alone for their two lead attorneys.

The court concluded that it would be reasonable to reduce the award to $35,000. “This award is sufficient to deter the pursuit of objectively unreasonable claims but will avoid imposing ‘an inequitable burden on an impecunious plaintiff,’” the court wrote. The court also said that reducing the fee award would be consistent with the objectives of the Copyright Act to ensure that infringement plaintiffs are not “unreasonably deterred from asserting colorable claims to protect their original works.”

The Case is No. 5:20-cv-00933-D.

Attorneys: Phillip L. Free, Jr. (Phillip Free Law, PLLC)for Whyte Monkee Productions LLC. Emily F. Evitt (Mitchell Silberberg & Knupp LLP) for Netflix Inc and Royal Goode Productions LLC.

Companies: Whyte Monkee Productions LLC; Netflix Inc,; Royal Goode Productions LLC

Cases: Copyright OklahomaNews