Intellectual Property Law

Ben Stein Wins Right to Use Lennon's 'Imagine'

By Ryan Singel, Kevin Poulsen, Sarah Lai Stirland, Kim Zetter, and David Kravets

A federal judge on Monday freed the producers of a movie promoting intelligent design to continue using a 15-second recording of John Lennon's "Imagine."

A New York judge said the makers of Expelled had a right of fair use under copyright law to use a small portion of the work without Yoko Ono's permission. Ono, the wife of the late Beatle, brought the case in April, saying the movie's credits made it appear she had licensed the song to the movie.

"Internet 'bloggers' immediately began accusing Mrs. Lennon of 'selling out' by licensing the song to defendants," according to the complaint filed in April in U.S. District Court for the Southern District of New York.

About 65 minutes into the 99-minute movie, lyrics "nothing to kill or die for, and no religion too" appear on the screen to the backdrop of music from the song. Premise Media, the producer of Expelled, critiqued the song and said such an idea could result in dictatorship.

"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," U.S. District Judge Sidney H. Stein wrote (.pdf) Monday.

Ono, who sued along with Lennon's sons Julian, Sean and EMI Blackwood Music, sought to have the song removed from future releases and the recall of all others.

The show's producers say it examines the scientific community's academic suppression of those who ask provocative questions about the origin and development of life. The movie is narrated by Ben Stein, a well-known actor and writer and consists principally of Stein's interviews with various proponents of intelligent design and defenders of Darwinian evolution.

The show was released in the United States on April 18 and within a month generated some $7.2 million in box office sales, and is to be released in Canada soon.

Photos mad LOLscientist

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Full post as published by Threat Level on June 02, 2008 (boomark / email).