In a recent copyright infringement case, Yoko Ono and the two sons of John Lennon (along with EMI Blackwood Music) sued Ben Stein (and Premise Media) for the unauthorized use of part of the song “Imagine” in his new movie “Expelled: No Intelligence Allowed”. The movie is a critique
of free speech and how intelligent design proponents are treated in academic circles. The plaintiffs requested a preliminary injunction to stop future distribution and promotion of the film and sought financial damages. U.S. District Judge Sidney Stein, however, ruled in favor of the defendant on grounds of “fair use”. The film focused on an area of public interest, and the use of Lennon’s copyrighted lyrics was in fact a commentary on “the exercise of free speech and freedom of inquiry” as related to the role of religion in public life. Under copyright law, the use of copyrighted material is permissible for “criticism, comment, news reporting, teaching, scholarship, and research”.Judge Stein (not related to Ben Stein) explains:
“They put the song to a different purpose, selected an excerpt containing the ideas they wished to critique, paired the music and lyrics with images that contrast with the song's utopian expression, and placed the excerpt in the context of a debate regarding the role of religion in the public life.”
Yoko Ono is expected to appeal the ruling. “It is a pity that this decision weakens the rights of all copyright owners.”
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