George Santos Loses Lawsuit Against Jimmy Kimmel Over Cameo Videos

Santos, Kimmel
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On the same day he admitted guilt to federal crimes, former Rep. George Santos also lost a federal lawsuit he filed against Jimmy Kimmel over the use of his Cameo videos.

Santos filed a lawsuit in February, alleging that Kimmel’s show had tricked him into making absurd videos, which were then broadcast in a segment called “Will Santos Say It?”

Santos claimed that Kimmel violated his copyright and breached the terms of service for Cameo.

In a ruling on Monday, U.S. District Judge Denise Cote threw out the suit, finding that Kimmel used the videos to make a political comment, and was thus protected by the doctrine of “fair use.”

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Santos was removed from Congress last December after a series of scandals that ultimately resulted in a 23-count indictment. He then joined Cameo, a platform where fans can pay celebrities for personalized video greetings.

On “The Jimmy Kimmel Show,” Kimmel played several videos that his staff had commissioned from Santos, paying $400 for each one.

“Hey Brenda!” he exclaimed in one video. “I wanted to congratulate you on successfully cloning your beloved schnauzer Adolf.”

When Santos threatened to sue, Kimmel welcomed it.

“Can you imagine if I get sued by George Santos for deception?” he said on his show. “I mean, how good would that be? It would be like a dream come true.”

Santos’ lawyers argued that the “fair use” doctrine does not allow someone to deceptively obtain a video from someone, and then broadcast it on TV in violation of the Cameo agreement.

“If this were the law it would protect anyone who could trick an artist into creating art as long as their overall goal and use was to mock the artist,” his lawyers argued. “This is contrary to the purpose of the copyright statute.”

But the judge determined that the argument “finds no support in copyright law.” She held that Kimmel’s use of the Cameo videos had a “transformative” purpose — political commentary — and thus was protected by fair use.

“In essence, a reasonable person would understand that JKL displayed the Videos to comment on Santos's willingness — a public figure who had recently been removed from Congress for allegedly deceitful actions, including profiting from a fraudulent contribution scheme — to say nonsensical things for money,” the judge said.

Santos admitted guilt on Monday to aggravated identity theft and wire fraud, and is scheduled to be sentenced on Feb. 7.

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