By Jonathan Stempel
NEW YORK (Reuters) -Jimmy Kimmel defeated an appeal by former New York Congressman George Santos accusing the late-night host of tricking him into making personalized videos on the Cameo app and using them to poke fun at the now-imprisoned Republican.
In a 3-0 decision on Monday, the 2nd U.S. Circuit Court of Appeals in Manhattan said Kimmel made “fair use” of the videos on his ABC show “Jimmy Kimmel Live!” to comment on Santos’ alleged willingness to “say absurd things” for money.
“The complaint paints a portrait of defendants motivated by (sarcastic) criticism and commentary,” not a desire to usurp Santos’ financial interest in the videos, Circuit Judge Raymond Lohier wrote.
Santos’ lawyers did not immediately respond to requests for comment. A lawyer for Kimmel, ABC and its parent Walt Disney had no immediate comment.
The defendants were accused of copyright infringement, fraudulent inducement and other wrongdoing over the videos, which Kimmel broadcast in segments called “Will Santos Say It?”
Santos has estimated he made more than $350,000 from the videos, for which he charged about $350 each. He sought unspecified damages.
Santos was sentenced in April to 7-1/4 years in prison after pleading guilty to wire fraud and aggravated identity theft connected to fundraising for his successful 2022 congressional run.
Santos spent 11 months in office embroiled in scandal, following revelations he had fabricated much of his resume, and was expelled from Congress.
He is housed in a medium-security prison in Fairton, New Jersey, and eligible for release in September 2031.
A trial judge in Manhattan dismissed Santos’ civil case against Kimmel on August 19, 2024, the same day Santos pleaded guilty in the criminal case in Central Islip, New York.
The case is Santos v Kimmel et al, 2nd U.S. Circuit Court of Appeals, No. 24-2196.
(Reporting by Jonathan Stempel in New York; Editing by Lisa Shumaker)
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