In a recent case involving the late-night television host, Jimmy Kimmel, and former congressman George Santos, a stance was made on the use of comical video clips in light of the U.S. copyright law. Representing Kimmel, an attorney defended the action in front of a Manhattan federal judge, arguing that the broadcasting of ‘patently ridiculous’ videos of Santos, created via the personal messaging service Cameo, was indeed permissible under the doctrine of fair use. This legal principle allows the unlicensed use of copyright-protected works in certain circumstances, such as criticism, news reporting, teaching, and research.
Santos, an indicted former congressman, was apparently tricked into making these videos, which were subsequently aired by Kimmel. The comedic persona of late-night television often involves satire and mockery, employing unsuspecting individuals who become the unsuspecting object of humor. Yet, this case presents an interesting conundrum whether such use is covered under the broad umbrella of ‘fair use’ or if it treads onto copyright infringement.
To further understand the nuances involved in this case, here is the report discussing the lawyer’s defense in detail, and examining the legal standing of such actions under U.S. copyright law, especially within the entertainment industry.