My dear filmmaker friends of little faith, you are always asking for test cases of fair use in documentary, and here you have one. Please take note:
John Lennon’s sons and widow, Yoko Ono, on Monday lost a battle to block the use of the song “Imagine” in the documentary “Expelled: No Intelligence allowed.” Via Reuters
Thanks to Ray Privett for the tip that the decision was in!
Tags: fair-use
3 Responses
mabooshi
June 4th, 2008 at 9:19 pm
1Interesting ruling Agnes, thanks.
Here’s another link to the story that I found useful:
http://www.businesswire.com/portal/site/google/?ndmViewId=news_view&newsId=20080602006636&newsLang=en
Chuck
June 4th, 2008 at 9:31 pm
2As much as I hated the content of Expelled, I’m glad their Fair Use rights were upheld. It was a borderline case but one that I believe should have been protected. Thanks for letting us know.
The Chutry Experiment » Wednesday Night Links
June 4th, 2008 at 10:01 pm
3[…] First, the good news that the filmmakers behind Expelled: No Intelligence Allowed saw their rights to use the John Lennon song “Imagine” upheld in court under the doctrine of fair use. While I found the film’s depiction of intelligent design to be misleading at best, I also felt their use of Lennon’s song should have been defended. In the film, they use “Imagine” as a way of diagnosing what they believe to be a left-wing, Darwinist ideology, so while I find their reading of the song absurd, it is in some sense an interpretation. Further, given that it was a borderline case, I do think it’s worthwhile to err on the side of protecting fair use (link via Agnes). […]
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