Sep 21, 2024

Former Rep. George Santos Sues Jimmy Kimmel, ABC, and Disney for Fraud and Copyright Infringement

by Nina Richards | Feb 20, 2024
Vanity Fair via Scott Olson/Getty Images Photo Source: Vanity Fair via Scott Olson/Getty Images

In a civil lawsuit filed over the weekend, former New York Rep. George Santos alleges that late-night host Jimmy Kimmel, along with ABC and Disney, engaged in fraud and copyright infringement by tricking him into making personalized videos on the app Cameo.

Cameo is a platform that allows people to pay for personalized video messages from celebrities, influencers, and other notable figures. The purpose of the app is to provide an outlet for fans to connect with their favorite high-profile people on a more personal level.

Santos filed the suit after Kimmel aired clips of his custom videos on a segment called "Will Santos say it?" on his late-night show.

The lawsuit asserts that Kimmel's team created "fake user profiles" and used "phony names and narratives" to persuade Santos to create personalized videos. Legal documents allege that Kimmel's team submitted a minimum of 14 separate requests using the fictitious accounts.

In the lawsuit, Santos argues that Kimmel's utilization of these videos breaches his copyright, citing the limitations within Cameo's terms of service which do not permit users to broadcast videos on national television.

Copyright infringement is a legal concept that arises when someone uses or reproduces copyrighted material without the copyright owner's permission or legal authorization. Infringement encompasses actions like copying, sharing, performing, or displaying the copyrighted work. Legal authorization can take the form of a license or fair use, but the use of copyrighted material without the owner's consent violates their rights.

The fair use doctrine, a principle in copyright law, allows for limited use of copyrighted material without the owner's permission, in specific circumstances. This includes purposes such as criticism, commentary, teaching, and research. If Jimmy Kimmel used George Santos' videos for purposes like critique or parody, such use might qualify as fair use. However, this would depend on various factors, such as the nature of the copyrighted material, the purpose and character of the use, and the effect of the use on the market value of the copyrighted work. It is essential to note that fair use is a nuanced legal concept, and its application varies depending on the specifics of each case.

Additionally, Santos accuses Kimmel of fraud, alleging that Kimmel misrepresented himself to acquire the videos "for the sole purpose of capitalizing on and ridiculing gregarious personality."

The lawsuit seeks an injunction on the use of future videos, as well as $150,000 in statutory damages for each alleged copyright infringement, totaling $750,000 for five videos, and unspecified actual and punitive damages.

As of now, Kimmel, ABC, and Disney have not publicly commented on the lawsuit.

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Nina Richards
Nina Richards
Nina earned her Bachelor's Degree in Psychology from Brandman University, laying the foundation for her interest in and understanding of human behavior. She works full-time at Law Commentary and is dedicated to merging her passion for pop culture with legal insights. Combining her analytical skills and interest in staying updated on trends, she strives to deliver pop culture legal news, bridging the gap between law and contemporary society.