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ARTICLE · 29 OCTOBER 2025

Santos v. Kimmel: "Deceptive Conduct" Does Not Preclude Fair Use

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

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Well, President Trump commuted former Congressman George Santos's sentence just 84 days into his 87-month prison term. Now that Santos has been released, lets catch up on his copyright...

United StatesIntellectual Property
Amanda Barkin
Amanda Barkin
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Well, President Trump commuted former Congressman George Santos's sentence just 84 days into his 87-month prison term. Now that Santos has been released, lets catch up on his copyright lawsuit against recent target of President Trump, late night talk show host Jimmy Kimmel.

In case you missed it, in 2024 disgraced former Congressman George Santos sued late-night show host Jimmy Kimmel along with ABC and Disney for copyright infringement after Kimmel played videos Santos recorded for the platform Cameo on Kimmel's primetime show, Jimmy Kimmel Live! ("JKL").

Under fictitious names, Kimmel asked Santos to make ridiculous videos—for example: please congratulate my legally blind niece Julia on passing her driving test—and Santos obliged. Of course, Santos did not know these requests were submitted by Kimmel, and he certainly did not know the videos would play on national television as part of a JKL segment called, "Will Santos Say It?"

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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