Yoko Ono is Not Happy with Ben Stein

I mean, if they used the song without permission, she has grounds, no?

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Sounds like they are going to site the fair use clause of copyright law that allows copyrighted content to be used without permission in cases of parody or social criticism. Also, copyright law can be pretty vague in terms of how much of a song you can use before you're in violation. Which is why most smart filmmakers just get the rights anyway.

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The producers don't have a leg to stand on. Their project is a "for-profit" venture. It will be very difficult to plead fair use. If they had released this thing for free on the internet, for example, then yes, fair use and all that.

What is unclear from the post is whether they went to Ono for permission and were denied, but used it anyway. If so, then they are definitely cooked. But Ono's response could also mean they just never got permission.

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The CNN article makes it clear that they never asked. It also makes it clear that they present the song in a way that implies that they had permission.

Though I have yet to see the film, it's very hard to claim fair use in a commercial venture, especially as 'social commentary' rather than parody. I'd have to see the film to know for sure, so I can't say that they're definitely screwed, but their claim that other documentary filmmakers do the same under fair use is bogus and it's an extremely long shot that they'll be able to prove fair use in this case.

So they probably won't end up making very much money.

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Personally, I think they did this on purpose to get publicity. Regardless of the legal ramifications or the merits of the film, I do really like Ben Stein's response: "So Yoko Ono is suing over the brief constitutionally protected use of a song that wants us to 'Imagine no possessions'?"

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For what it's worth, I received this press release in my email today, and I pass it along so it's clear the approach that the Expelled folks are taking...

- - - - -

(Dallas, TX) - A new front has been opened in the culture wars. Ben Stein's EXPELLED: No Intelligence Allowed 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 to silence 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.'"

For more information or to book an interview, please contact Megan Erhardt (ext. 136) or Mary Beth Hutchins (ext. 105) at 703.683.5004.

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Maybe if Lennon's song hadn't been playing over footage of Josef Stalin presiding over a Red Army parade, Yoko wouldn't have been quite so upset.

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Not smart, they didn't get permission, they could have easily tried. If denied, they could have found a different song. Soundtrack does have a very big impact in films, especially if it plays at the part Sean Means said it did. I'm for Yoko.

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Amazing. Stein calls on Ono to give the song away for free. Well, I call on Stein and gang to give their film away for free. I hope the irony of their idiotic little press release isn't lost on them either.

In fact, I'm going to make a film using Ben Stein's image in it, and see how long before his lawyers jump down my throat.

Ono didn't write the song. She's just the copyright holder. She may even disagree with what the song's about. And she can sue anyone for using it without permission. That's the law, like it or not.

"Fair use" is a myth. Even if you qualify under its strictest interpretation, that doesn't mean you can't be sued. You might win the case, but how much will you have to pay in legal fees?

Regardless, the producers of Expelled can put out as many press releases as they want. It won't do them any good.

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I saw the film. The snippet from "Imagine" was two lines, and in context it was clearly used to represent a philosophy which the movie opposed. In other words, this wasn't making money by pirating "Imagine"; it was critical commentary of the philosophy espoused in the song. That's allowed. Ono can sue and Darwinists can rant, but if they feel they need to claim copyright infringement in order to beat this movie, they're playing a pretty weak hand.

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It's ridiculous to demand that fair use only applies for non-profit works, as that's clearly not the law. If I want to refute somebody else's work, I need to be able to cite them and reference them. Does that mean I shouldn't be able to sell my book? Obviously not. Now as to whether or not this was actually a case of fair use, I have no idea. But the fact that they aren't giving away the movie is totally irrelevant.

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To be perfectly fair: I have not seen this movie. Nor do I have any intention to do so.

Especially if they use "Imagine," one of my personal favorite songs, as an example of evil in the world. He wants to get rid of RELIGION, not God or the belief in God, Ben. There IS a difference. Jeez. I used to LIKE Ben Stein...

I hope Yoko, Sean, Julian, et al. win this one.

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I went to see the new "Imagine" music video by John Lennon and boy was I disappointed. It seems as though Mr. Lennon is taking the music video as a film thing too far. It worked for Thriller, but arguably that is better described as a short. _Expelled: No Intelligence Allowed_ seemingly goes out of its way to spin a yarn and create a film decidingly different than what I envisioned the song to be about.

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Check your premise, and watch what really happens, versus your bloviations and fantasizing. This is America. Freedom will reign and...you might actually learn something about law and freedom of speech. Listen to Jeff, and learn from a guy who knows how to think for himself. Anyone can make spurious charges. Anyone can claim "theft" or "plagiarism" or that they were "duped" into appearing in the film EXPELLED.

What will you all say, I wonder - when all is said and done - when it all disappears, and is revealed to be nothing but smoke, puffery and good old fashioned harassment via frivolous lawsuits?

What then, eh smart guys?

Keep your eyes open, learn to listen a while before you speak...and it will take other people a little longer to realize that you are just full of it.

That would definitely help your reputations, bad as they may be.

Deacon Blue

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