When Satire Stands Its Ground
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
When we first covered this case, it felt like only 2024 could invent it – a disgraced congressman, George Santos, selling Cameos and a late-night host, Jimmy Kimmel, buying them under fake names to make a point about truth and ego. A year later, the Second Circuit turned that punchline into precedent. (Read story here: https://talkers.com/2024/12/19/jimmy-kimmels-fair-use-victory-what-it-means-for-content-creators/)
And just to clear the record: this has nothing to do with Jimmy Kimmel’s unrelated dust-up with FCC Commissioner Brendan Carr. Different story, different planet. This one’s about copyright and commentary – and it’s a clear win for both.
The Set-Up
After his expulsion from Congress, George Santos began offering paid video shout-outs on Cameo. Kimmel’s writers sent absurd requests under pseudonyms for a segment called “Will Santos Say It?” – and he did. The show aired those clips to highlight how easily a public figure would say anything for a fee.
(If you want a taste, look up “Jimmy Kimmel Pranks George Santos on Cameo” on YouTube. That’s the kind of transformative satire the court later called “sarcastic criticism and commentary.”)
Santos sued Kimmel, ABC, and Disney for copyright infringement, fraud, and breach of contract, claiming the videos were sold for “personal use.” The district court tossed it; Santos appealed.
The Ruling
On September 15, 2025, the Second Circuit unanimously affirmed the dismissal. The panel said Kimmel’s use was transformative: he turned Santos’s self-promotion into political satire. Even Santos’s complaint described the bit as sarcastic commentary.
Claims of “market harm” fell flat. Airing a few clips on network TV doesn’t compete with Cameo. Embarrassment isn’t economic loss.
And the supposed bad faith – using fake names to order the clips – didn’t undo fair use. The court stuck to the statutory factors: purpose, nature, amount, and effect. Mischief isn’t a fifth one.
The rest of the claims – fraud, contract, enrichment – stayed dismissed as pre-empted or too thin to matter.
Why It Matters
This decision lands as courts wrestle with whether AI’s use of copyrighted works can ever be “transformative.” Santos v. Kimmel shows what that word really means: a human taking existing material and using it to say something new.
Fair use protects meaning, not mimicry. That’s why satire, commentary, and criticism still stand when they have a point.
For media creators, the lesson is simple: transformation beats permission. If you use third-party material, make sure you’re adding perspective – not just recycling content. That, more than any fine print, is what keeps you on the right side of the line.
Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonMediaLaw.com or read more at TALKERS.com.
but sources tell Reuters that it would likely be sometime after November. Senate Commerce Committee Chair Ted Cruz criticized Carr for comments he made on the Benny Johnson podcast about late night talk host Jimmy Kimmel’s joke that appeared to threaten ABC/Disney and promise FCC action against the company if it didn’t take action on its own. On his Premiere Networks distributed podcast, “The Verdict with Ted Cruz,” Cruz said of Carr’s comments, “I got to say that’s right out of ‘Goodfellas.’ That’s right out of a Mafioso coming into a bar going, ‘Nice bar you have here. It would be a shame if something happened to it.’” Carr recently said that’s not what he meant and stated, “We don’t want to see weaponization of government by any administration against any perspective – and that’s certainly not what we’re doing here.”
With topics ranging from Mars and UFOs to flying cars and ‘civilization starter kits,’ each episode blends science, technology, and imagination with the real choices shaping our world.” For example, on this week’s program Cirilli welcomes Harvard astrophysicist Dr. Avi Loeb for a conversation about comet 3I/ATLAS, alien tech, and the future of space exploration. He also chats with Rich Cooper, vice president of strategic communication and outreach for Space Foundation, about America’s $1 trillion space economy and why investing in space isn’t just about exploration – it’s about building America’s economic future. Premiere Networks president Julie Talbott states, “We’re thrilled to welcome ‘Hello Future’ to the network. With years of experience as a journalist covering global affairs, technology and policy, Kevin has the unique ability to connect the dots between science and the future for listeners who crave bold ideas and fresh perspectives on what’s ahead.”
unapologetically conservative, culturally aware, and authentically Black voices to the forefront – voices that have been ignored for far too long. This show is about faith, family, freedom, and fearless truth-telling. I’m proud to be part of a network that values bold ideas and real conversations, and I can’t wait to shake things up.” Separately, Cumulus announces that “The Next Role with Vernon Davis” also joins the Cumulus Podcast Network. Former NFL star and Super Bowl champion turned actor and producer Vernon Davis’ podcast focuses on career transition and reinvention. Davis says, “The Next Role is more than a podcast – it’s a movement. I created this show to highlight the courage it takes to reinvent yourself, especially after a career in the spotlight. Partnering with the Cumulus Podcast Network gives me the platform to amplify these powerful stories and connect with listeners who are navigating their own transitions. I’m excited to bring these conversations to life and inspire others to embrace their next chapter.” 
entertainment & integrated marketing Jeff Meza says, “Cultural ROI is the vehicle for us at Urban One to further our mission to help educate the industry and brand partners alike on the importance that intentions must be rooted in strategy, and this new economy requires development of total market plans that are inclusive and representative of authentic experiences.” Urban One VP, television and digital research Audrey Cochran adds, “I am incredibly proud of the work we’ve done to quantify the undeniable impact that Black consumers have on U.S. culture. This study not only demonstrates their impact and influence on broader consumer behavior but also underscores the value of authentically connecting with this segment – and the business risks of failing to do so.” 
As a media consultant, my team has had the privilege of being engaged extensively by members of the C-Suite. Becoming a member of the C-Suite is a common goal. To get into any group, acceptance often depends on acting and appearing like established members. Here are some of the actions observed of business masters whom we consulted:
Jimmy Kimmel’s first monologue back after the recent suspension had the audience laughing and gasping, and, in the hands of countless radio hosts and podcasters, replaying. Within hours, clips of his bit weren’t just being shared online. They were being chopped up, (re)framed, and (re)analyzed as if they were original show content. For listeners, that remix feels fresh. For lawyers, it is a fair use minefield.
Have you noticed a profile pattern for the mass shooters and political assassins? 20-30 years old. Living at home or close.
Ilitch’s program focuses on conversations with guests who exemplify her values of overcoming adversity, staying positive, and giving back. The show will air monthly on WJR on Saturday at 5:00 pm. Ilitch says, “I’m thrilled about the partnership with WJR and Cumulus to bring the positive message of ‘The Denise Ilitch Show’ to a wider audience. All of us agree that the stories we explore on this show have the potential to inspire leadership in big and small ways, locally and nationally.” Ilitch is president of Ilitch Enterprises and is currently serving on the Board of Regents of the University of Michigan. Her father’s company launched the Little Caesar’s Pizza corporation.
Democrats in Congress have lashed out at FCC Chairman Brendan Carr for his statements about ABC/Disney and Jimmy Kimmel’s Charlie Kirk bit that got Kimmel suspended from “Jimmy Kimmel Live!” Last week, Carr appeared on the Benny Johnson podcast and called Kimmel’s statements “some of the sickest conduct possible” and added, “This is a very, very serious issue right now for Disney… We can do this the easy way or the hard way.” ABC/Disney has television affiliates owned by both Nexstar and Sinclair, which objected to Kimmel’s comments and threatened to pull Kimmel’s show from the air. Nexstar has a $6.2 billion 
merger with Tegna in the works and needs FCC approval and critics of Carr’s comments are calling him out for appearing to threaten ABC. Republican Senator Ted Cruz, on his Premiere Networks podcast ‘The Verdict,’ disagreed with Carr saying, “Let me tell you if the government gets in the business of saying, ‘We don’t like what you the media says. We’re going to ban you from the airwaves if you don’t say what we like.’ That will end up bad for conservatives.” President Trump – who’s publicly mused about investigating his media critics – weighed in after being asked about Cruz’s response by saying, “I think Brendan Carr’s a courageous person. I think Brendan Carr doesn’t like to see the airwaves be used illegal and incorrectly and purposefully horribly.”
our airwaves free from government influence. The First Amendment affords our stations – and all Americans – this fundamental right, and the mere perception that broadcasters acted because of undue pressure is a problem for our credibility and the trust we have built with our audiences.
her SiriusXM podcast, former FOX News Channel star Megyn Kelly criticized FOX for, as she calls it, talking like he was theirs. “It’s really bothering me how FOX News is talking about Charlie, like he was theirs — he wasn’t. It’s a lie. Just stop.” Kelly accuses FOX of making Kirk persona non grata after the company fired Tucker Carlson because Kirk was supportive of Carlson. The story from Newsmax adds that “Kirk appeared to be completely absent from FOX News in 2023 after Carlson’s firing and early 2024 – though Kelly claimed the network would give him brief appearances to cover for their effective ban.” The Newsmax piece goes on to quote Kirk on the matter. “Since Tucker’s departure, I haven’t been on. And so we had to do an event without FOX. And that was a great thing, man, because sometimes desperation is the mother of innovation, right?” 
Grief for the loss of Charlie Kirk is palpable around the world. Broadcasters who interviewed him or had anything to do with the Turning Point organization were deeply touched by his tragic death.
Radio programmers and sales managers know the drill: The GM drops an idea, a client makes a request, or a listener offers feedback – and the reflex is to jump straight into execution. But what if the real opportunity lies not in what’s asked for, but in what’s actually needed?
The Nashville-based “George Plaster Show,” with co-hosts Kelly Holcomb and Billy Derrick, is now heard on Saga Communications’ sports talk WKFN-AM/W281BT in Clarksville, Tennessee. Clarksville Now reportsPlaster said he’s excited for the opportunity to be here and tap into a new market of sports fans. “I’m very excited about being in Clarksville. For me, this is about adding listeners – listeners who knew me from years ago. I think we’re going to do really well here, it’s a market that has a lot of sports fans, and we just simply want to tap into it.” “The George Plaster Show” will air live from 3:00 pm to 5:00 pm Monday through Friday. 
From my teenage years to today, radio has been the career of my adult life. When I first began listening in my teens, I was drawn less to the music and more to the conversation. I tuned into stations not for my favorite songs, but because I enjoyed hearing people talk, debate, and share ideas. Over my lifetime, I have seen many changes in the medium. The news/talk format, in particular, has always fascinated me for its mix of news, commentary, and immediacy.
Bruce DuMont
The Cumulus Media | Westwood One Audio Active Group unveils an audio planning guide based on data from Edison Research and Nielsen data. Saying that there are incorrect assumptions among strategists and media planners about which audio media have the most listeners, chief insights officer Pierre Bouvard underscores that AM/FM radio is still the dominant ad-supported audio platform with a 66% share. Podcasting is second with a 20% share and this is true across all demographics. For those who are all-in on digital audio only, Bouvard says they are missing 70% of the potential audience as ad-supported Spotify, Pandora and podcasts reach only 30% of the U.S. in a typical day. Further, Bouvard says the data suggests an optimal allocation of audio ad spend: “The ideal allocation for a 25-54 audio plan is 62% AM/FM radio, 24% podcasts, 12% music streaming (Pandora, Spotify, Amazon Music, and YouTube Music), and 2% SiriusXM satellite radio.” 
America’s top 10 radio broadcasters by station count and by revenue. Connoisseur Media CEO Jeffrey Warshaw says, “Local broadcasting has always been at the heart of what we do. Connoisseur started as a company rooted in radio serving local markets. Today we’re taking that same local-focused philosophy, which now includes our digital marketing and multi-platform expertise to some of the most dynamic markets in the country. This acquisition is about assembling the scale and resources to keep radio strong, serve our communities, empower our employees, and create even more value for advertisers. As I have travelled the country to meet our new colleagues in the Alpha Media markets, I have been impressed with their dedication to radio and their communities. I am excited to be associated with such a great group of people.”
Beshear will host a new series of live specials, “Andy Beshear Presents,” airing exclusively on SiriusXM Progress. The series will premiere Tuesday, September 9 at 12:00 noon ET. Beshear will be joined by fellow Progress host John Fugelsang and will take calls from listeners across the country. Governor Beshear says. “I want this podcast to be a space to bring people together – especially in such a stressful and divisive time in our country. This is a conversation with friends and we talk about things that matter to all of us: sports, politics, pop culture, our kids. I’m excited to expand this conversation with listeners across the country on SiriusXM, highlighting a wide range of voices and ideas that can help move us all forward, together.”
contract.” Stern’s current five-year deal expires later this fall and speculation earlier this summer that the satcaster and Stern would part ways at the end of his current deal spurred Stern to issue a statement on his show (during summer re-runs) that he’d be back on September 2 to dispel the rumors. There are reports that Stern is dealing with his 98-year-old mother’s failing health and that is weighing on him. The story indicates Stern sent an email to his employees to explain the situation, but sources supplied no details about that email. The New York Post story says Stern’s listenership has gone from “20 million at its height to 125,000 daily listeners now.” However, SiriusXM doesn’t publish its listener data and no sources are provided for those figures. 
role is vital to bringing our brand to life through on-air, digital, and community engagement initiatives. The ideal candidate will thrive in a fast-paced environment, enjoy working with people, and bring creative energy to our promotions and marketing efforts. 
election. About returning, Spadea says, “I’m excited to be returning to the airwaves with ‘New Jersey 101.5’ and the largest audience in the state. I’m looking forward to continuing our mission of fighting for common-sense solutions to save New Jersey. Our show has always been about the listeners, and I’m ready to keep amplifying the voices of small business owners, parents, teachers, first responders, nurses, and everyone else committed to digging in and staying in New Jersey. Stay tuned – there’s more to come!” Townsquare Media regional VP Brian Lang says, “Bill’s audience and the team at ‘New Jersey 101.5’ are looking forward to his return. There’s no doubt he’ll have great stories to share. I also want to thank Eric Scott and the entire morning show team for doing an outstanding job while Bill was away.”
pm ET. The Saturday program is called “College Football Tailgate” hosted by Wilson and Zaslow and airs at 10:00 am ET. ESPN VP of digital & audio production Justin Craig says, “College football is all about passion, tradition, and community. We’re thrilled to bring that energy directly to fans every weekend with ESPN Radio’s College Football Tailgate. Amber and Jonathan are the perfect voices to capture the excitement on campus, and this tour allows us to not only showcase the games, but also connect with the next generation of fans and broadcasters in a truly meaningful way.”