Second Circuit Affirms Fair Use By Jimmy Kimmel

Last week, the U.S. Court of Appeals for the Second Circuit issued a precedential opinion inSantos v. Kimmel, No. 24-2196 (Oct. 6, 2025), affirming the Southern District of New York's Rule 12(b)(6) dismissal of former Congressman George Santos's copyright claims against Jimmy Kimmel, ABC, and Disney.

The suit arose after Kimmel, using fictitious names, submitted requests to Santos for video messages through Cameo, an online platform where fans purchase personalized messages from celebrities. Santos fulfilled the requests, and Kimmel aired the videos on his show as part of a "Will Santos Say It?" segment. Santos sued the defendants for copyright infringement and other claims. The district court dismissed the complaint for failure to state a claim, holding that the copyright claims were barred by the fair use doctrine and the remaining claims were either preempted or insufficiently pled.