Yoko Ono has lost her lawsuit against Ben Stein and the creators of his pro-intelligent design documentary Expelled.
As previously reported , Ono sued the filmmakers for the unauthorized use of her late husband John Lennon’s song “Imagine” in the film. Lennon’s sons Sean and Julian joined Ono in the suit.
Stein and Co. argued that their use of the song, 15 seconds in all, was protected by their free speech right to comment on the lyrics. The filmmakers argued that the line “nothing to kill or die for, and no religion too” was integral to the documentary, as it demonstrated many people’s belief that the world is better off without religion. Under the fair-use doctrine, their lawyers argued, the filmmakers have the right to comment on these lyrics, which their film ultimately concludes are incorrect.
U.S. District Judge Sidney Stein ruled in the filmmakers’ favor. “That doctrine provides that the fair use of a copyrighted work for the purposes of criticism and commentary is not an infringement of copyright," the judge wrote in his decision.
Ono’s lawyers did not comment on the case. Prior to the decision, Ono stated that “one of the most basic rights I control by reviewing and choosing licenses is the right to say 'no.' The filmmakers simply looted me of the ability to do so.”
Related links:
News: John Lennon’s “Peace” lyrics sheet to be auctioned off in July
News: Bill Maher and Ben Stein facing off with religious docs
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