Overview

• Writing for a three-judge panel, Judge Raymond J. Lohier concluded that airing the videos served commentary and criticism, which constitutes fair use.
• The court emphasized the transformative purpose of the segments and found no usurpation of any market for the original clips.
• Kimmel obtained the personalized videos under fictitious names and aired them in a recurring Jimmy Kimmel Live! segment titled “Will Santos Say It?”.
• The panel rejected breach-of-contract claims tied to Cameo’s Terms of Service, noting Santos is not a party and Illinois law disfavors third‑party beneficiary claims absent express language.
• The court also dismissed the fraudulent inducement claim for failure to allege any out‑of‑pocket loss, affirming the August 2024 district court ruling and effectively ending the case while Santos remains incarcerated.