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 10th Circuit Court of Appeals, based in Denver, ruled in March that the use of a 66-second excerpt from a funeral video was not “transformative” under the Copyright Act. The three-judge panel remanded the case to a lower court to determine if Netflix violated the copyright of Tim Sepi, the videographer who shot the scene.
Netflix has petitioned the court to reconsider its decision, and has been joined by the Motion Picture Association, the International Documentary Association, Film Independent, and a host of media law professors in raising alarms about the potential chilling effect on non-fiction storytelling.
“It’s a big deal,” said attorney Chris Perez, a co-author of “Clearance & Copyright,” a...
The 10th Circuit Court of Appeals, based in Denver, ruled in March that the use of a 66-second excerpt from a funeral video was not “transformative” under the Copyright Act. The three-judge panel remanded the case to a lower court to determine if Netflix violated the copyright of Tim Sepi, the videographer who shot the scene.
Netflix has petitioned the court to reconsider its decision, and has been joined by the Motion Picture Association, the International Documentary Association, Film Independent, and a host of media law professors in raising alarms about the potential chilling effect on non-fiction storytelling.
“It’s a big deal,” said attorney Chris Perez, a co-author of “Clearance & Copyright,” a...
- 5/9/2024
- by Gene Maddaus
- Variety Film + TV
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