Stanford, Calif. - The Fair Use Project, part of Stanford Law School's Center for Internet & Society, announced on Friday that it has filed a counterclaim in the case of a filmmaker accused of copyright and trademark infringement over a documentary about Count Dante, a martial arts expert who founded Chicago's Black Dragon Fighting Society in the 1960s.

While Dante created the group, current "Grand Master" William Aguiar III sent takedown notices and cease and desist letters to filmmaker Floyd Webb for using images and logos of Count Dante and the Black Dragon Fighting Society -- which Aguiar claims to now own -- on his website and in the film's trailer, which was also posted to YouTube.

The counterclaim argues that Webb's use of the material constitutes "fair use," and seeks a declaration that his use of the images in his documentary does not constitute infringement.

It also seeks injunctive relief, and damages for misrepresentation of copyright under the Digital Millennium Copyright Act.

"The case against William V. Aguiar III is perfect example of why documentary filmmakers need to have legal help in their corner -- so they can stand up for their 'fair use' rights because their films depend on the inclusion of copyrighted material they seek to comment on, discuss, and contextualize," said Lawrence Lessig, founder and director of the Center for Internet and Society at Stanford Law School.

Related Links:
http://tinyurl.com/3bg3hv

http://countdante.com (Black Dragon Fighting Society)

http://www.thesearchforcountdante.com

http://cyberlaw.stanford.edu/node/3136 (Fair Use Project)