Tag: copyright infringement

Industry Views

When Satire Stands Its Ground

By TALKERS | by TALKERS

By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer

imgWhen 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.

Industry Views

When One Clip Cuts Two Ways: How Copyright and Defamation Risks Collide

By TALKERS | by TALKERS

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By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer

imgA radio (or video podcast) host grabs a viral clip, tosses in some sharp commentary, and shares it online. The goal? Make some noise. The result? A takedown notice for copyright infringement – and then a letter threatening a defamation suit.

Sound far-fetched? It’s not. In today’s media world, copyright misuse and defamation risks often run on parallel tracks – and sometimes crash into each other. They come from different areas of law, but creators are finding themselves tangled up in both over the same piece of content.

Copyright Protects Ownership. Defamation Protects Reputation

It’s easy to think of copyright and defamation as two separate beasts. One guards creative work. The other shields reputation. But when creators use or edit someone else’s content – especially for commentary, parody, or critique – both risks can hit at once.

Take Smith v. Summit Entertainment LLC (2007). Smith wrote an original song. Summit Entertainment slapped him with a false DMCA takedown notice, claiming copyright they didn’t actually own. Smith fought back, suing not just for the bogus takedown but also for defamation, arguing that Summit’s public accusations hurt his reputation. The court said both claims could go forward.

That case shows just how easily copyright claims and defamation threats can pile up when bad information meets bad behavior.

Murphy v. Millennium Radio: A Close Call with a Clear Message

In Murphy v. Millennium Radio Group LLC, a New Jersey radio station scanned a photographer’s work – with his credit – and posted it online without permission. That alone triggered a copyright claim. But the hosts didn’t stop there. They mocked the photographer on-air, which sparked a defamation lawsuit.

Even though the copyright and defamation claims came from different actions – using the photo without permission and trash-talking the photographer – they landed in the same legal fight. It’s a reminder that separate problems can quickly become one big headache.

Why This Double Threat Matters

— Fair Use Isn’t a Free Pass on Defamation. Even if you have a solid fair use argument, that won’t protect you if your edits or commentary twist facts or attack someone unfairly.
— Public Comments Can Double Your Trouble. The second you speak publicly about how you’re using content – whether you’re bragging about rights you don’t have or taking a shot at someone – you risk adding a defamation claim on top of an IP dispute.
— Smart Lawyers Play Both Angles. Plaintiffs know the playbook. They’ll use copyright claims for takedown leverage and defamation claims for reputational damage – sometimes in the same demand letter.
— FCC Rules Don’t Cover This. It doesn’t matter if you’re FCC-regulated or a podcaster on your own. These risks come from civil law – and they’re coming for everyone.

The Takeaway

The overlap between copyright and defamation isn’t just a legal footnote – it’s a growing reality. In a world of viral clips, reaction videos, and borrowed content, creators need to watch how they frame and comment on what they use, just as much as whether they have permission to use it in the first place.

Because when one clip cuts two ways, you could take a hit from both directions.

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.