Where is the line between copyright infringement and satire? This is a question that we have been asking – and attempting to answer – for as long as copyright protections have existed, and it is likely one that will continue to be litigated long into the future.

The most recent case to explore this question involves late-night host Jimmy Kimmel and recently expelled U.S. Representative George Santos. After his expulsion from the U.S. House of Representatives, Santos recorded a number of videos for pay on the Cameo app, which regular people can use to buy video messages from – as it says on the site – “your favorite stars.” Kimmel then featured some of those videos on his show, including one with Santos congratulating a fictional “beef-eating contest” champion and another where he celebrated the cloning of a schnauzer named Adolf.

Santos took issue with this, filing a copyright suit against Kimmel for infringement, but the judge in the case tossed the suit.

Why? And what’s next?

It’s Not Copyright Infringement If It’s Fair Use

Judge Denise Cote, who presided over the case, ruled that Kimmel’s use of Santos’ videos was protected by the fair use doctrine. According to the judge, Kimmel’s playfulness was not just harmless fun, but a form of political critique. 

Kimmel’s segments provided commentary on the former congressman’s questionable ethics. The judge noted that this type of use falls well within the bounds of fair use, even if it involved a bit of trickery to obtain the footage.

Unsurprisingly, Santos’ legal team was less than thrilled with the outcome. They argued that Kimmel’s approach breached Cameo’s licenses and that the fair use ruling undermines the purpose of copyright protection. Meanwhile, Kimmel’s team celebrated the ruling, seeing this as a win for satirical late-night show segments. The ruling in favor of Kimmel carries significant implications for the intersection of satire, copyright infringement, and public figures, setting a precedent for how creative critiques will be handled in the modern media landscape – especially when they involve prominent individuals. 

Next Stop for This Copyright Suit: Appealing the Ruling

The show is far from over, though. Santos’ legal team has vowed to appeal the ruling on their copyright suit, taking the issue up with a higher court. And even after their legal options are exhausted – whatever the outcome – the ongoing conversation between copyright infringement and fair use in entertainment is sure to continue.