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'Expelled' Producers Knock Yoko Lawsuit
From author Robert Marich. Trying to make lemonade out of a lemon, the producers of a documentary about academic political correctness issued a press release after being sued by Yoko Ono, who alleges infringement of her late husband’s “Imagine” song by the movie. The movie Expelled is a success, grossing $3.8 million in its first week, which is huge by documentary standards. Producers claim “fair use” legal doctrine as their defense, which is established law that allows free use of small bits of copyright material in works of others. For example, without fair use, a still picture of a public street might be illegal to reproduce if it contained advertising billboards showing copyrighted material.
Press Release April 24, 2008 -- DALLAS--(BUSINESS WIRE)--A new front has been opened in the culture wars. Ben Stein's EXPELLED: No Intelligence Allowed (distributed by Premise Media) stunned detractors by opening as the nation's #10 movie last weekend. Out for less than one week, it has already become one of the top 25 documentaries of all time.
Opponents of the film have attacked everyone and everything in it. They have attacked the producers, the star, the music, and film itself. They have even attacked those who have seen it. Now they want to change the Constitution.
Yoko Ono and others have now filed lawsuits challenging the film's use and critique of John Lennon's song Imagine. One of the suits seeks to ban free speech through preliminary injunctive relief which essentially means that they are trying to expel EXPELLED as it is now being shown in theaters.
"If you really listen to the lyrics of Imagine then you realize that it represents everything that the Neo-Darwinists want. 'Imagine there's no Heaven...No hell below us...Nothing to kill or die for And no religion too...' That's exactly what the Darwinist establishment wants to do: get rid of religion. And that's what we point out when we play less than 15 seconds of the song and show some of the lyrics on screen," said Walt Ruloff Executive Producer and CEO of Premise Media.
Executive Producer and Chairman of Premise Media Logan Craft explained, "The fair use doctrine is a well established principle that gives the public the right to freely use portions of copyrighted materials for the purposes of commentary and criticism. While some may not like what we have to say or how we say it, we have the free speech right to do so - just as other political and social commentators have been doing for years."
Premise did not pursue a license for the song and had no obligation to do so. Unbiased viewers of the film will see that the Imagine clip was used as part of a social commentary in the exercise of free speech. The brief clip - consisting of a mere 10 words - was used to contrast the messages in the documentary and was not used as an endorsement of EXPELLED.
But the irony of this lawsuit was not lost on the film's star Ben Stein, "So Yoko Ono is suing over the brief Constitutionally protected use of a song that wants us to 'Imagine no possessions'? Maybe instead of wasting everyone's time trying tosilence a documentary she should give the song to the world for free? After all, 'imagine all the people sharing all the world...You may say I'm a dreamer But I'm not the only one I hope someday you'll join us And the World can live as one.'"