Netflix fends off 'Tiger King' copyright claims again on appeal

By Blake Brittain

April 30 (Reuters) - A U.S. appeals court ruled for Netflix NFLX.O on Thursday in a cameraman's copyright infringement case against the streaming video company over footage used in its hit 2020 documentary series "Tiger King."

The Denver-based 10th U.S. Circuit Court of Appeals determined that Netflix made fair use of one of Timothy Sepi's videos and affirmed its previous ruling that the company did not violate Sepi's rights in seven others.

The 10th Circuit had reversed an Oklahoma district court's ruling for Netflix on fair use and revived Sepi's claim in 2024. The appeals court granted Netflix's request later that year to hear new fair use arguments and said it was "particularly interested" in the case's potential impact on documentary filmmaking.

Attorneys for Sepi did not immediately respond to a request for comment on the ruling. A Netflix spokesperson declined to comment.

"Tiger King," a true crime series set in the world of private zoos and their eccentric owners, became a hit for Netflix on its release in March 2020. The show focused largely on Joe Exotic, the owner of an Oklahoma animal park who was later convicted of wildlife crimes and attempted murder-for-hire.

Exotic, whose given name is Joseph Maldonado-Passage, hired Sepi as a cameraman for the park in 2015. Sepi left the job in 2016.

Sepi sued Netflix in 2020 for using eight of his video clips in the series without permission. Chief U.S. District Judge Timothy DeGiusti ruled in 2022 that Netflix had rights to seven clips Sepi made as a park employee and made fair use of an eighth clip, of a eulogy Exotic gave at his husband's funeral, that Sepi filmed independently.

The 10th Circuit reversed DeGiusti's ruling on the eulogy video, determining that Netflix's use of the clip may not have been "transformative" enough to be fair use. Netflix argued that the decision would have a "chilling effect" on documentarians who use "short excerpts of other works to create something entirely new."

After reconsidering the case, the appeals court determined on Thursday that Netflix made fair use of the eulogy video. Netflix's use fit "comfortably within the mold of the use of snippets of archival material in documentaries" and was "transformative to a significant degree," the 10th Circuit said.

The case is Whyte Monkee Productions LLC v. Netflix Inc, 10th U.S. Circuit Court of Appeals, No. 22-6086.

For Sepi: Greg Keenan of the Digital Justice Foundation

For Netflix: Robert Rotstein of Mitchell Silberberg & Knupp

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Netflix must face revived 'Tiger King' copyright claim, US appeals court says

Netflix wins second chance to appeal 'Tiger King' copyright ruling