Yoko Ono has lost in that legal attempt to stop an American film called 'Expelled: No Intelligence Allowed', which criticises those who criticise creationism, from using a snippet of John Lennon's 'Imagine'.
Ono, both of Lennon's sons and EMI all took action against the film makers, Premise Media, after they used the song without permission. But the film's producers argued they were allowed to use the snippet under the Fair Use doctrine in US copyright law – which allows you to use appropriate samples of copyright material without the owner's permission if you do so in order to criticise or discuss the material, or the opinions it expresses. I didn't think Premise would succeed with that defence, though I've not seen the film, perhaps they do actually criticise or discuss Lennon's lyrics rather than just use it as backing music.
Welcoming the ruling, Anthony Falzone, Exec Director of the Fair Use Project, which led the filmmakers defence, told reporters: "This case is not just about fair use, it is about free speech. The right to use portions of copyrighted works in order to criticise them and discuss the views they represent lies at the heart of the fair use doctrine because that right is essential to the free flow of ideas, thoughts, and debate".
Premise boss Logan Craft added: "We are happy that Judge Stein has removed this legal impediment to our continued distribution of 'Expelled'. Yoko Ono attempted to stifle free speech. We look forward to the movie's Canadian release on June 27, our expanded theatrical run in the US this summer, and its DVD release this fall".