Jimmy Kimmel has defeated an appeal by former Congressman George Santos, who sued Kimmel and ABC after the comedian tricked him into making personalized Cameo videos and used them on Jimmy Kimmel Live! to mock the Republican. Santos, expelled from Congress in December 2023 over financial and ethical scandals, had turned to the video-on-demand app to earn money after his ouster.
In his lawsuit, Santos accused Kimmel and ABC of copyright infringement, fraudulent inducement, and other violations. Kimmel’s staff had ordered Cameo videos under false pretenses, coaxing Santos into making silly or controversial statements, which the show then aired in a recurring segment called “Will Santos Say It?”
Santos claims he earned more than $350,000 from Cameo, charging about $350 per video. He sought unspecified damages, according to Reuters.
A trial judge dismissed Santos’ lawsuit on August 19, 2024 — the same day he pleaded guilty to wire fraud and aggravated identity theft. Prosecutors said he had charged donors’ credit cards without authorization, spent campaign funds on personal expenses, fabricated contributions to qualify for national GOP funding, and collected COVID-19 unemployment benefits for which he was ineligible.
Santos, now serving a seven-and-a-quarter-year sentence at a medium-security prison in Fairton, New Jersey, later appealed the judge’s ruling in his case against Kimmel.
However, on September 15, a three-judge panel of the 2nd U.S. Circuit Court of Appeals unanimously upheld the ruling, finding that Kimmel’s use of the videos was protected under fair use, which permits limited use of copyrighted material for humor and parody.
The panel concluded Kimmel’s use qualified as fair use because the segment commented on Santos’ alleged willingness to “say absurd things for money.” The judges even noted that Santos’ own complaint portrayed Kimmel and his staff as being “motivated by (sarcastic) criticism and commentary.”
The panel also found that Santos suffered no market harm and failed to show any loss of income from his Cameo videos being aired on Kimmel’s show.
Santos rose to prominence after his 2022 election to Congress, but soon faced backlash for fabricating large portions of his biography — fabrications he later admitted. Some were so outlandish that he became a frequent punchline for comedians, including Kimmel, particularly after his expulsion from Congress.
These are challenging times for news organizations. And yet it’s crucial we stay active and provide vital resources and information to both our local readers and the world. So won’t you please take a moment and consider supporting Metro Weekly with a membership? For as little as $5 a month, you can help ensure Metro Weekly magazine and MetroWeekly.com remain free, viable resources as we provide the best, most diverse, culturally-resonant LGBTQ coverage in both the D.C. region and around the world. Memberships come with exclusive perks and discounts, your own personal digital delivery of each week’s magazine (and an archive), access to our Member's Lounge when it launches this fall, and exclusive members-only items like Metro Weekly Membership Mugs and Tote Bags! Check out all our membership levels here and please join us today!
You must be logged in to post a comment.