A judge on the Tenth Circuit panel reviewing a copyright infringement case involving Netflix’s “Tiger King” docuseries will remain on the case after inadvertently contacting a former attorney for the plaintiffs. Both parties informed the appellate court in separate letters that they do not object to the judge’s continued participation.
The case centers on a lawsuit filed by Timothy Sepi and Whyte Monkee Productions, LLC, who allege that Netflix and Royal Goode Productions used eight of Sepi’s video clips without permission in the “Tiger King” series. Seven of these videos were filmed during Sepi’s employment at Joe Exotic’s animal park, while the eighth—a eulogy at Exotic’s husband’s funeral—was filmed independently after Sepi left the park.
In April 2022, the U.S. District Court for the Western District of Oklahoma granted summary judgment in favor of Netflix, ruling that the seven videos were works made for hire and that the use of the eighth video constituted fair use. However, in March 2024, the Tenth Circuit partially reversed this decision, questioning whether Netflix’s use of the eulogy clip was sufficiently transformative to qualify as fair use, citing a recent U.S. Supreme Court decision on Andy Warhol’s art. The court remanded the case for further proceedings on this issue.
In May 2024, the Tenth Circuit agreed to reconsider its prior decision against Netflix, vacating its earlier ruling and scheduling new arguments to focus on how the case could influence legal standards surrounding fair use in documentaries. The court expressed particular interest in the case’s impact on the law and practice of documentary filmmaking.
The inadvertent contact between the judge and the plaintiffs’ former attorney occurred in November 2025, during an unrelated legal matter. Upon realizing the connection, the judge promptly disclosed the interaction to all parties involved in the “Tiger King” case. After reviewing the circumstances, both parties concluded that the contact was incidental and did not warrant the judge’s recusal.
This development ensures that the appellate review of the complex copyright issues in the “Tiger King” case will proceed without further delay. The case continues to draw attention for its potential implications on the application of fair use doctrine in documentary filmmaking.