The Cameo Terms of Service explicitly state that the person requesting the video is not the copyright owner. They’re only acquiring a limited license to use the video, which can be revoked at any time. It also looks to me like the talent (the people making the videos) retain the copyright. In other words…I can’t believe I’m going to say this…Santos might have a case here. Kimmel will probably have to rely on a fair use argument. And I don’t think it’s a slam dunk argument.
This is a tort. If he has a case, and I think he actually might, his attorney would take this case on contingency. Santos might not need to front any money.
