May 23, 2008 • 1 min read

Imagine there's no Darwin: court ruling imminent

A US judge is expected to rule this week on Yoko Ono's claim against the makers of Expelled: No Intelligence Allowed over their use of a John Lennon 'Imagine' clip.

More from the US pop courts, and a US judge is expected to rule on that case brought by Yoko Ono against the makers of documentary 'Expelled: No Intelligence Allowed' this week. As we recently reported, Ono is suing the makers of the film for using a twenty second clip of John Lennon's 'Imagine' in the film without permission.

The filmmaker's defence is that the song's inclusion is covered by the US's 'fair use' doctrine, which allows the use of copyrighted materials without permission for the purposes of commentary and criticism. However, as they aren't criticising the song itself, we're not convinced that's a valid argument. A judge (who is probably more qualified to talk about these things than I am, though only just) will decide whether or not to uphold Ono's claim for unspecified damages, as well as a ban on any further use of the song, later this week.

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