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‘Tiger King’ Ruling Could Limit ‘Fair Use’ of Video Clips in Documentaries
A ruling in a lawsuit over the Netflix series 'Tiger King' could make it harder for documentarians to use unlicensed video clips.
Filmmakers are warning that a recent ruling in a copyright suit against Netflix over its “ Tiger King ” docuseries could restrict the use of video clips in documentaries, and upset a long-held understanding of what constitutes “fair use.” “The Panel’s unfounded and erroneous rule jeopardizes the ability of creators to create works that are grounded in or comment upon real-world people, places, and events,” the MPA’s lawyers argued. In its ruling, the 10th Circuit also emphasized the “commercial” nature of Netflix’s use of the clip, noting that “Tiger King” was streamed by 34 million viewers in its first 10 days of release, and finding that weighed against a claim of fair use.
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