The Footage is also obscured in part by the text of a quotation by Count Dante. The Footage appears in the background, with a photograph of Count Dante in the foreground.
In the trailer, the Footage runs for approximately fifteen seconds as part of a collage of images. That trailer, as well as a still image of the portion of the trailer containing the Footage, is already before the Court. It is not disputed that Defendant Webb used a portion of the Footage in one of the trailers for his biographical documentary about Count Dante. Lessig acknowledged the use of the footage but minimized its length, importance, and visibility: Webb, for example, Larry Lessig had to defend a filmmaker who had used protected footage of the fighter Count Dante in a trailer for his own documentary. One strategy is to embed unfavorable facts in Although clauses and then turn the reader’s attention elsewhere. To present a compelling case while maintaining credibility, nod to bad facts and then neutralize them by controlling how they appear in context.
With legal disputes, rarely does every fact favor the prevailing party.
