Tenth Circuit Affirms Fair Use Defense for Documentary’s Use of Video Footage, Clarifies Post-Warhol Standard for Transformativeness
Written by James Berkley & Robert Rotstein On April 30, 2026, the United States Court of Appeals for the Tenth Circuit issued a significant published opinion in Whyte Monkee Productions, LLC v. Netflix, Inc., No. 22-6086, affirming summary judgment in favor of Netflix and its production partner Royal Goode Productions in a copyright infringement dispute arising from the 2020 documentary series Tiger King: Murder, Mayhem and Madness. The ruling … Continue reading Tenth Circuit Affirms Fair Use Defense for Documentary’s Use of Video Footage, Clarifies Post-Warhol Standard for Transformativeness
