*

US appeals court rules in favor of late-night host

*

Kimmel made 'fair use' of ex-congressman's videos

*

Santos serving 7-1/4 prison term for fraud, ID theft

By Jonathan Stempel

NEW YORK, Sept 15 (Reuters) - Jimmy Kimmel defeated an

appeal by former New York Congressman George Santos accusing the

late-night host of tricking him into making personalized videos

on the Cameo app and using them to poke fun at the

now-imprisoned Republican.

In a 3-0 decision on Monday, the 2nd U.S. Circuit Court of

Appeals in Manhattan said Kimmel made "fair use" of the videos

on his ABC show "Jimmy Kimmel Live!" to comment on Santos'

alleged willingness to "say absurd things" for money.

"The complaint paints a portrait of defendants motivated by

(sarcastic) criticism and commentary," not a desire to usurp

Santos' financial interest in the videos, Circuit Judge Raymond

Lohier wrote.

Santos' lawyers did not immediately respond to requests for

comment. A lawyer for Kimmel, ABC and its parent Walt Disney ( DIS )

had no immediate comment.

The defendants were accused of copyright infringement,

fraudulent inducement and other wrongdoing over the videos,

which Kimmel broadcast in segments called "Will Santos Say It?"

Santos has estimated he made more than $350,000 from the

videos, for which he charged about $350 each. He sought

unspecified damages.

Santos was sentenced in April to 7-1/4 years in prison after

pleading guilty to wire fraud and aggravated identity theft

connected to fundraising for his successful 2022 congressional

run.

Santos spent 11 months in office embroiled in scandal,

following revelations he had fabricated much of his resume, and

was expelled from Congress.

He is housed in a medium-security prison in Fairton, New

Jersey, and eligible for release in September 2031.

A trial judge in Manhattan dismissed Santos' civil case against

Kimmel on August 19, 2024, the same day Santos pleaded guilty in

the criminal case in Central Islip, New York.

The case is Santos v Kimmel et al, 2nd U.S. Circuit Court of

Appeals, No. 24-2196.