Appeals Court Rules in Favor of Netflix in ‘Tiger King’ Copyright Case Over Funeral Video
Netflix has won a copyright dispute over footage used in its 2020 documentary series Tiger King, with a federal appeals court finding the company’s use of a cameraman’s video qualifies as fair use.
In a decision issued April 30, the U.S. Court of Appeals for the Tenth Circuit upheld a lower court ruling that dismissed claims brought by videographer Timothy Sepi, who alleged that Netflix used his footage without permission. The panel said Netflix could use a short clip from a funeral video Sepi filmed and did not violate rights tied to seven additional clips.
At issue were eight video clips that appeared in Tiger King, a documentary series that became one of Netflix’s most widely viewed releases. Sepi worked as a cameraman at Joe Exotic’s Oklahoma animal park in 2015 and 2016 and later claimed ownership of the footage, arguing that its use required compensation.
In earlier proceedings, a federal district court ruled in Netflix’s favor, finding that seven of the videos were created as part of Sepi’s job and therefore belonged to the park under copyright law. The appeals court upheld that decision, stating that Sepi could not introduce new arguments on appeal.
The remaining dispute involved a video Sepi filmed after leaving the job. The footage showed a funeral service for Joe Exotic’s husband. Netflix used just over one minute of that recording in a 42-minute episode, placing it alongside interviews and commentary about Exotic’s conduct.
The case follows recent guidance from the U.S. Supreme Court on fair use. In a 2023 decision involving artwork by Andy Warhol, the Court narrowed how judges assess when a new work is meaningfully different from the original. That shift has shaped how lower courts evaluate similar disputes involving film, photography, and other creative works.
Fair use is a rule in copyright law that allows limited use of protected material without permission in certain situations, especially when it is used to inform, comment, or tell a broader story. Courts apply a four-part test in these cases, looking at why the material was used, the type of work involved, how much was taken, and how the use affects the value of the original.
Judges examined how the footage was used. Copyright law allows limited use of protected material when it is used in a different way or adds new meaning. Sepi’s video of a funeral. The series used a short portion of that footage to examine Joe Exotic’s conduct and public persona. The panel said that the shift in purpose favored Netflix.
The commercial value of the clip was also examined. While Tiger King drew millions of viewers, the analysis focused on the excerpt itself rather than the series as a whole. There was no clear sign that the brief clip contributed in a meaningful way to the show’s financial success. The excerpt lasted just over one minute, a fraction of a much longer recording, which supported the fair use finding.
Market impact was another key part of the analysis. Judges found no indication that the series could replace the original video or reduce its value. Someone interested in watching the full funeral would not turn to the documentary instead. That distinction is central to how copyright law is applied.
The ruling leaves the lower court’s decision in place.
