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stories filed under: "imagine"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
ben stein, expelled, fair use, imagine, john lennon, music

Companies:
emi



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.

28 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
ben stein, copyright, fair use, imagine, john lennon, movies, yoko ono



Judge Sides With Ben Stein Over Yoko Ono In Fair Use Dispute

from the imagine-copyright-made-sense dept

Back in April, we covered the dispute between Yoko Ono and the controversial Ben Stein movie Expelled. Ono was upset that the movie used a snippet of John Lennon's Imagine for criticism purposes. While the movie has many problems, and given the controversial nature of the subject matter, one can understand why Ono doesn't want the song used in the movie -- that doesn't mean she had a legal leg to stand on. As we noted, it seemed pretty clear that the movie makers were very much on the right side of the law, and now a judge has agreed. In turning down Ono's request for an injunction against the movie, the judge noted that the defendants were likely to prevail using a "fair use" defense.

6 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
ben stein, copyright, expelled, fair use, imagine, yoko ono



Yoko Ono vs. Ben Stein: Imagine There's No Expelled...

from the who-do-you-side-with? dept

Talk about a legal argument I'd want no part of: Yoko Ono is suing the makers of the anti-evolution documentary Expelled. The movie has received a ton of bad press, and there have been widespread dissections with the many problems in the movie which seems to have difficulty understanding what the scientific method is actually about. Apparently, in one part of the movie, the famous John Lennon song "Imagine" is used, and some of the people complaining about the movie got angry at Ono, thinking she had licensed the song to be in such a controversial movie. The clip was not licensed -- but the filmmakers claim that it's protected fair use, saying that they're using a short clip of the song for commentary purposes. I haven't seen the film, nor can I find that particular clip online, but, as awful as Expelled sounds, I have a hard time siding with Yoko Ono on this. Media companies have, for too long, been overly aggressive in claiming that any use of music in a movie must be licensed. That seems to go against the concept of fair use entirely, and it would be good to change that. I just wish it wasn't with a movie such as this one.

123 Comments | Leave a Comment..

 
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