Former New York Rep. George Santos sued comedian Jimmy Kimmel, ABC, and the Walt Disney Co. in federal court, alleging a late night show prank infringed on the copyright of a series of videos Santos recorded for Cameo.
Santos joined Cameo, which allows users to request personalized messages from celebrities, in December after he was expelled from the House. He remains on the platform three months later, marketing videos from a “former congressional icon” for $350 each.
Kimmel allegedly seized on Santos’ notoriety by making at least 14 Cameo requests using pseudonyms, according to a complaint filed Friday in the US District Court for the Southern District of New York. Five of the videos—including a congratulatory message for a man who ate six pounds of ground beef to win a Florida eating contest—aired on Kimmel’s ABC show as part of a segment titled “Will Santos Say It?” and were later posted to YouTube and various social media platforms, generating millions of views.
Santos alleged that broadcasting the videos on national television falls outside the standard personal use agreement defined in Cameo’s terms of service, which offers a limited license for non-commercial, personal purposes. While type of use could be negotiated separately, Santos argued, he didn’t give Kimmel, ABC, or Disney permission.
In addition to the copyright claims, the lawsuit also alleges Kimmel fraudulently induced Santos to make the videos by creating fake profiles that falsely represented the requests as being from genuine fans. Kimmel and his employers also face breach of contract and unjust enrichment claims for broadcasting the messages on television and online.
The lawsuit seeks damages of $150,000 per infringement of Santos’ copyright, as well as additional damages to be decided at trial. The former congressman also asked the court for a permanent injunction that would bar further broadcast and distribution.
A representative for ABC and Jimmy Kimmel Live! didn’t immediately respond to a request for comment on the lawsuit.
Santos is represented by Mancilla and Fantone LLP, a New York-based firm.
The case is Santos v. Kimmel, S.D.N.Y., No. 1:24-cv-01210, 2/16/24.
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