Appeals Court Upholds Dismissal of Santos’ Lawsuit Against Kimmel

A copyright infringement lawsuit filed by former Congressman George Santos against talk show host Jimmy Kimmel and ABC was dismissed by an appeals court. The 2nd U.S. Circuit Court of Appeals in Manhattan ruled on Monday that the case was properly dismissed by a lower court judge, affirming the legality of Kimmel’s actions under fair use laws.

Santos alleged that Kimmel tricked him into creating videos on the Cameo app, which were later used to mock him during Kimmel’s broadcasts. The court’s ruling highlighted that Kimmel’s use of Santos’ videos fell under the fair use doctrine, which permits limited use of copyrighted materials for humor, parody, and commentary.

In a series titled “Will Santos Say It?”, Kimmel utilized fictitious names to request personalized videos from Santos, which he then aired as part of comedic segments. One notable video featured Santos congratulating the supposed winner of a beef-eating contest, where he praised the consumption of 6 pounds (2.7 kilograms) of ground beef in under 30 minutes as “amazing and impressive.”

In his lawsuit filed in February 2024, Santos claimed Kimmel was exploiting and ridiculing his “gregarious personality.” However, the appeals court, led by Circuit Judge Raymond J. Lohier, Jr., noted that even Santos’ own lawsuit framed the defendants as engaging in sarcastic criticism, a form of expression protected by fair use.

This legal setback comes as Santos serves a seven-year sentence in a federal prison in New Jersey for charges related to federal wire fraud and aggravated identity theft. He pleaded guilty to deceiving donors and misusing identities to fund his congressional campaign.

Santos once gained prominence within the Republican Party for securing a contentious congressional seat that spans parts of Queens and Long Island. However, his political career unraveled as investigations revealed numerous fabrications in his personal history, including false claims about his mother’s death during the 9/11 attacks and misleading statements regarding his Jewish heritage.

In late 2023, following a damning report from the House ethics committee, Santos became only the sixth member in congressional history to be expelled by his peers. The fallout from his actions and the ensuing legal battles have significantly impacted his public image and political standing.

As this case illustrates, the intersection of copyright law and political satire continues to evolve, raising questions about the boundaries of parody and the protection of creative expression in media.