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Yoko Ono lost the legal bid Monday to forbid filmmakers to
use a 15-second excerpt of Jonn Lennon’s famous song “Imagine” in a movie
challenging the theory of evolution.
A New York federal judge denied Ono’s request to stop the
producers of "Expelled: No Intelligence Allowed" using the song
fragment in the movie.
Ono claims the movie uses the excerpt without her
permission, wrongly suggesting that she authorized or sponsored the film. She
also sued the producers before the movie went into wider release, and she said
she would appeal. The other plaintiffs are John Lennon’s sons, Sean and Julian.
According to the Associated Press, U.S. District Judge
Sidney Stein ruled that if the case went to court, the results would probably
be similar, with the filmmakers winning the lawsuit under the fair use
doctrine.
"That doctrine provides that the fair use of a
copyrighted work for the purposes of criticism and commentary is not an infringement
of copyright," Stein wrote in his decision in Manhattan federal court, as
quoted by AP.
The movie, which opened on U.S. screens in April and is scheduled
to be released in Canada later this month, encourages the intelligent design
theory, which states that the universe is too complex to be explained by
evolution alone.
The producers said the song excerpt, which states “nothing
to kill or die for, and no religion too,” was very important to the movie
because “it represents the most popular and persuasive embodiment of this
viewpoint that the world is better off without religion.” The film is
concluding that the idea supported in the song “Imagine” is wrong.
The song was recorded by John Lennon in 1971 and it is
considered one of the greatest songs of all time, ranking no.3 on the list of
great everlasting songs that the Rolling Stone magazine set up in 2004.
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