EMI Loses Lawsuit To Prevent John Lennon's Imagine From Appearing In Expelled
from the good-decision dept
Larry Lessig points us to news of another good court decision, tossing out EMI's attempt to stop Ben Stein's movie Expelled from using John Lennon's song Imagine. If this sounds somewhat familiar, it's because Yoko Ono had filed a similar lawsuit -- which she lost. In both cases, the courts have recognized that Stein's use of the song is pretty clearly fair use. As the link above points out, this is important for a variety of reasons -- including a terrible ruling a few years back that said effectively that there was no fair use for music samples. It's good to see courts recognizing that fair use applies to music as well as other types of content.






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Shouldn't have bothered...
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Re: Shouldn't have bothered...
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Re: Re: Shouldn't have bothered...
If you were saying about me saying they shouldn't have bothered suing then the point I was making was that it was only playing into their hands - they wanted to be sued.
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C'mon. Go the distance.
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The Trouble With Intelligent Design...
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I shoulda known
Next time I'll remind myself that "Imagine" might stimulate imagination.
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The Designer
Sheesh! If you're going to dispute ID, at least argue about its real weaknesses, not mindlessly repeat a trite bumper-sticker slogan.
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I dont get Ben Stien
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Re:
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Re: Shouldn't have bothered...
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Re: C'mon. Go the distance.
I repeat I DO NOT support what is presented in that ridiculous film "Expelled".
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Re: I dont get Ben Stien
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Re: The Designer
Lawrence D'Oliveiro is exactly right in his question - there is no real answer to this (except nowhere - he/she/it doesn't exist).
Lawrence Gage, that is a real weakness, also ID claims to be science not theology or philosophy (though that is actually what it is). Scientifically it has no basis and D'Oliveiro just destroyed it's argument on the theology/philosophy standpoint so I think we're done here.
If you want to teach ID in religious studies class then fine - it would be nice if you would point out that it is totally unsupported but you don't have to about the rest of religious studies so I wouldn't require it of ID in this case.
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One post
The point is, whether you like the film or not, the courts are actually doing the right thing. From previous posts, I know even Mike didn't like the ideas presented in the film but has shown support for the use of the song sample as fair use. Now the courts have backed it up on two accounts. This should be celebrated by all who want freedom to play Prince in the background while their child dances.
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Re:
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Hello John, Time to start rolling in the grave.
The song is about peace. Not arguing hot button wedge issues. The song is about people getting along and living in harmony. Not standing on a soapbox preaching their political views. Ben Stein your as sharp as they come. Sorry, bud- you dont know everything. And you really miss the mark by trashing an increading song with your political hit piece.
"Imagine if Ben actually got Imagine!" dare to dream John.
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Re: Re: C'mon. Go the distance.
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Irony
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This matter involved a pre-trial motion for a preliminary injunction. The court decided, as it has the discretion to do, not to grant the motion and that trial on the merits would continue.
This litigation is only in the "first inning" and has a long way to go before it concludes...by either a court entered judgement or a settlement between the two parties.
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Re:
I daresay few people are aware that "works" created prior to January 1, 1978 may be protected under both federal and state law. On January 1, 1978 continued state copyright grants were truncated by the newly enacted revisions to federal copyright law.
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Re: Re: Shouldn't have bothered...
Of course I don't quite understand how the take Imagine as a non-deist argument. If you have to Imagine there isn't one there must be one.
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Re:
They did lose. They asked for an injunction and they did not get it.
Yes, it may have been a colloquialism to say "lawsuit" instead of "pre-trial motion" but the impact is the same.
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Re: Re:
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hehe, yeah
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Re: ironic?
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Re: Re: Re: Shouldn't have bothered...
I thought he was clear. They were leveraging an expected lawsuit into publicity for this silly movie.
That was what I meant to say, I didn't mean to get into a debate about the contents of the movie. I should have just said that to make it clear I was talking about the merits of the lawsuit and made no comments of the movie itself...
I also probably should have made this post earlier as well while people would still read it...
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