**Documentary filmmakers have regained some legal breathing room following a major shift from the 10th Circuit Court of Appeals. On Thursday, a three-judge panel reversed its own 2024 decision, ruling that Netflix and the creators of Tiger King did not violate copyright law when they used a 66-second clip without permission.**

The lawsuit began when videographer Tim Sepi sued Netflix for using his footage of Travis Maldonado's funeral without compensation. At the heart of the case is the "fair use" doctrine—a legal rule that allows creators to use copyrighted material without a license if they "transform" it into something new or use it for commentary.

Initially, the court ruled against Netflix. It pointed to a recent Supreme Court decision involving Andy Warhol’s portraits of Prince, which had narrowed the definition of fair use. The Denver-based panel originally argued that the Tiger King filmmakers hadn't commented on the video itself; they had simply used it because it was convenient for their story.

That first ruling unsettled the documentary community. Organizations like the International Documentary Association and the Motion Picture Association petitioned the court to reconsider, arguing that the decision made it nearly impossible to use essential archival footage.

After two years of further arguments, the court changed its stance. Chief Judge Jerome Holmes wrote that the series used the footage in a "classic documentary style" that served a different purpose than the original recording. The court also dismissed the idea that the clip’s commercial success worked against Netflix, noting that a one-minute clip in a massive hit series doesn't mean the filmmakers "exploited" that specific footage for profit.

This reversal aligns the 10th Circuit with other influential courts, such as the 9th and 4th Circuits. It settles a period of uncertainty for filmmakers, confirming that they can use unlicensed clips to make broader narrative points without constant fear of losing a copyright lawsuit. By matching the standards used in other parts of the country, the court has avoided the need for the Supreme Court to step in and clarify the Warhol precedent again.

Documentarians Win Legal Reversal in Netflix Copyright Fight