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John Lennon’s very famous widow, Yoko Ono, and record
company EMI have dropped a lawsuit against the makers of a documentary that
used a part of the former Beatle’s “Imagine” without permission.
Yoko Ono was most displeased when a fragment from her
beloved John Lennon’s peace anthem “Imagine” was used on the soundtrack of a
documentary without having asked for permission. She sued the film’s makers,
Premise Media Corp., over copyright infringement, together with EMI Group Ltd.
The plaintiffs have dropped their lawsuit, it was announced
Tuesday in a news release from Stanford
Law School’s
Fair Use Project. You may expect the filmmakers to be pleased with this change,
but it has come a bit too late, as the song can no longer be used in the
documentary’s DVD release.
Anthony Falzone, Stanford law professor and lawyer for the
filmmakers of “Expelled: No Intelligence Allowed,” which focuses on intelligent
design, wrote in a blog Monday that he was content with Ono and EMI’s decision
to relinquish the lawsuit and that he regretted the tardiness of the move in
what concerns the DVD release.
Around 15 seconds of Lennon’s “Imagine” are used in the
film, including the lyrics “Nothing to kill or die for/and no religion, too,”
while footage of Joseph Stalin is shown.
Falzone added in his posting that the legal broil shows “the
damage that even an unproved and unsupported infringement claim can do.”
The DVD comes Oct. 21.
The documentary’s producers have admitted that they did not
seek authorization to include the song in their film but argue that the
shortness of the fragment used respects the fair use rules of American
copyright law.
“Imagine” was included in John Lennon’s 1971 album of the
same name, his second solo studio album after the Beatles disbanded in 1970.
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