"What happened was this: Kimmel and his staff saw that Santos was on Cameo, which allows people to purchase short videos from various public figures with requested language. Usually it's something like "happy birthday" or "happy retirement." In the case of Kimmel and his writers, they set out to see if there was anything they couldn't get Santos to say on Cameo. For this to work, they obviously didn't disclose that it was Jimmy Kimmel Live! asking for the videos."
"Santos did not like the segment, which aired clips of these videos, called "Will Santos Say It?". He sued Kimmel, ABC, and ABC's parent company, Disney. He alleged both copyright infringement and breach of contract-the contract in this case being Cameo's terms of service. He lost on all counts, twice: his case was dismissed at the district court level, and then that dismissal was upheld by an appeals court."
"On the copyright claim, Kimmel and Disney argued and won on the grounds of fair use. The court cited precedent that fair use excuses what might be strictly seen as infringement if such a finding would "stifle the very creativity" that copyright is meant to promote. In this case, the use of the videos was part of the ongoing commentary by Jimmy Kimmel Live! around whether there was anything Santos wouldn't say for money."
George Santos appeared on Cameo, a platform that allows purchases of short personalized videos from public figures. Jimmy Kimmel Live! staff secretly purchased Santos videos to test what he would say, then aired those clips in a segment called "Will Santos Say It?". Santos sued Kimmel, ABC, and Disney alleging copyright infringement and breach of Cameo's terms of service. Courts dismissed the claims at the district level and affirmed the dismissal on appeal. The courts found the broadcast use of the videos qualified as fair use because the clips were used for transformative commentary and to document a pattern of behavior, not to supplant the original purpose of the recordings.
Read at Electronic Frontier Foundation
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