NEW YORK — Yoko Ono has lost her Manhattan legal battle to block the use of John Lennon's song "Imagine" in a film challenging the theory of evolution. Lennon's widow had sued the makers of "Expelled: No Intelligence Allowed," saying they used parts of the song without her permission. In a decision Monday, federal Judge Sidney Stein says the filmmakers are protected under the "fair use" doctrine. That permits small parts of a copyrighted work to be used without an author's permission under certain circumstances.
Ono Expelled
The newswires report that the judge in the case has ruled that the use of copyrighted materials in the movie Expelled is protected by the "Fair Use" doctrine and that the request for preliminary injunction has been lifted.
118 Comments
David Stanton · 2 June 2008
Oh well, I guess it doesn't matter too much anymore. The film has all but disappeared already. Meanwhile, Indiana Jones grossed 126 million in the first week it was out. I guess he is more popular than Jesus (oops, I mean the designer).
Any word yet on the Harvard lawsuit?
doridoidae · 2 June 2008
Fair Use section 107: "...for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research,"
hmmm... doesn't that mean criticism of the piece itself, not criticism of some other piece (in this case, the Meyers qutoe?) At leas they don't pretend that it's news reporting, teaching, scholarship or research. As for fair use for purpose of "comment"... well, that covers just about anything the court wants it to cover, doesn't it?
"Moreover, defendants have
established for purposes of this motion that the movie contributes to the broader public interest
by stimulating debate on an issue of current political concern. " oh, this is an amusing finding... I'd guess this is where the appeal should strike.
I almost wish I'd never read the decision. I had little enough faith in the justice system in this country.
FL · 2 June 2008
Well, let's lighten things up a bit. Here are some blasts from the past regarding Ono's lawsuit, back when folks were in a more celebratory mood.
Seriously, think about it - with all the apparent deception and documentation thereof going on here, it seems to me like in addition to big monetary damages someone could also do some jail time.
--Mattus Maximus
A cunning plan Balderick.
Bless the IDiots turnip-loving hearts for providing us with such amusement!
--Dr. Bryan Grieg Fry
Evolution and science are one thing, but you don’t mess with Yoko Ono. Everybody knows that. Them boys are in some deep stuff man!!
--386sx
stevaroni · 2 June 2008
I'm assuming that this means that Rocky Mountain won't be making a big fuss when people start posting clips from "Expelled" on U-tube alongside critical commentary about what insipid dreck it is.
Um, Right?
Daoud · 2 June 2008
I think it's just as well. Better that the movie fails over its lies and terrible science/history, than because of copyright issues over a song which has absolutely nothing to do with science/history.
Defenders of the film wont be able to claim the movie was "censored" because of this Yoko Ono business, but the scientific claims were valid.
PvM · 2 June 2008
Remember that the lawsuit is not over, just that the judge rejected preliminary injunction.
Inoculated Mind · 2 June 2008
Ah, so the lawsuit is still on? Just Expelled is allowed to be shown in theaters, more if they so choose?
David vun Kannon, FCD · 2 June 2008
Perhaps the lawyers for Ono/Lennon should have focused on the reason for the copyright law's existence ("Progress of Science and useful Arts" as quoted several times by Judge Stein) rather than the specifics of fair use!
JJ · 2 June 2008
Activist Judge - ruling in favor of the film makers in spite of the overwhelming evidence. Legislating from the bench.
Reginald · 2 June 2008
Dark day for justice and for law.
We'll have to see how the rest of the lawsuit plays out, but on the bright side if the lawsuit decides against Expelled in finality, they'll be in even deeper trouble.
Cue IDiots misreading the report and gloating...
bobby · 2 June 2008
fnxtr · 2 June 2008
Nice ScottBot parody there, JJ.
Sean S. · 2 June 2008
I'm glad that the ruling came down as it did. I mean, things will work the other way when we take clips from the movie and rebut them right? It's a two way street.
GuyeFaux · 2 June 2008
There is some irony in trying to protect the IP of a song which urges us to "imagine no posessions".
Expelled has many reasons to fail. This frivolous IP suit by Ono is not one of them.
slang · 2 June 2008
Martin Wagner · 2 June 2008
They aren't related.
FL · 2 June 2008
goodwin sands · 2 June 2008
Given that "Expelled" is now playing on all of forty-one screens, even if every creationist in America wanted to celebrate by going out to see it, they'd have hundreds of miles to drive.
Gary Telles · 2 June 2008
Josh · 2 June 2008
Notice the name. It's conspiracy of people named stein!
Dean Morrison · 2 June 2008
Well this from the ruling is rather nice:
"II. FINDINGS OF FACT
“Expelled” is a feature-length (one hour, thirty-nine minute long) nationally released theatrical movie that addresses what it characterizes as a debate between proponents of intelligent design and the scientific theory of evolution."
So no question of Intelligent Design being a scientific theory then .....
Frank B · 2 June 2008
It's interesting how FL hadn't been heard from for a while, when the news about EXPELLED was so bad. Now, with this bit of good news, he/she is back. Welcome back FL. Too bad EXPELLED fizzled, huh? The Indiana Jones movie had aliens. Maybe they were the designers.
James F · 2 June 2008
Scientific update: still no data presented in a single peer-reviewed scientific research paper supporting intelligent design.
;-)
Inoculated Mind · 2 June 2008
That's because the data is sealed in a super-secret bunker where we can't get at it! You know its bomb-droppingly good if it's sealed in Area 51. Hey.... maybe it IS sealed in Area 51..!
James F · 2 June 2008
Tsk tsk, Karl, don't you know it's all due to suppression by the Global Darwinist Conspiracy™?
;-D
Frank J · 2 June 2008
Frank J · 2 June 2008
Sometimes I still forget that I can google.
For another coincidence, note the dedication to a Bob Stein.
gwangung · 2 June 2008
Hm. Preliminary finding...
Though, I find it hard to believe on the face of it. There is the copyright of Lennon the song writer and there is the performance copyright of Lennon the performer. THere doesn't seem to be anything in EXPELLED critiquing Lennon's oerformance....
Frank B · 2 June 2008
The utopia described in Lennon's song Imagine has all good Xian values. So the only difference between that and a xian utopia would be rhetoric. The people in the xian utopia would be praising Jesus and God constantly. But fundie preachers always say that being good is not enough, you have to be good for the right reasons. So Lennon's utopia is no good in the eyes of these righteous lifers.
Crudely Wrott · 2 June 2008
Not a surprising decision and not a depressing one either, noting that Expelled is failing on its own merits. Nor would the film's reputation enjoy much favorable notoriety from the opposite decision.
My opinion is that it is a much cleaner kill without all the falderal that a drawn out court drama would impose.
Also, it is a decision that favors the unlicensed use of short excerpts of copyrighted material for certain purposes. Such favoritism falls on the just as well as the unjust.
E Pluribus Unum
Crudely Wrott · 2 June 2008
@ Gary Telles
"Ono or no Ono," that must have been a most rewarding line to write! LOL. Thanks.
Paul W. · 2 June 2008
Here's the judge's decision, including a finding of fact that the use of Imagine is fair use.
It's pretty much what I was saying in the earlier thread, citing precedents, etc.:
http://acandidworld.files.wordpress.com/2008/06/08-02066.pdf
See especially the stuff about transformative use starting around page 15.
I hate to see the Expelled folks "win" anything, but this looks like the right decision on that issue.
mplavcan · 2 June 2008
Yes FL, that's right. I, with head hung low, must concede the victory. As I was reviewing my analyses of the gradual morphological change in canine tooth size from Australopithecus anamensis to Australopithecus afarensis that we are documenting -- a progression beautifully in accord with the predictions of evolutionary theory -- I realized that all of that data, and all of that evidence, and the overwhelming numbers of studies being done in a myriad of scientific disciplines even as you write, must be wrong because of a copyright lawsuit about the use of a song in a movie.
DavidK · 2 June 2008
Scott · 3 June 2008
jkc · 3 June 2008
Rolf · 3 June 2008
Peter Henderson · 3 June 2008
I posted this a while back but didn't the film "the killing fields" use imagine ? I was wondering if the producers/writers applied the same logic or did they pay copywright fees ?
http://www.youtube.com/watch?v=qlMfDnsnDvQ
Jay Ballou · 3 June 2008
phantomreader42 · 3 June 2008
Flint · 3 June 2008
What I enjoy is FL's magical thinking. In his eyes, the movie stands for, and therefore somehow IS, the spirit of creationism, a literal flaming sword slaying the evil evolution. Ono, therefore, must be made to represent, and therefore BE, the force of evolution. Since the purpose of the film is to slay evolution, anyone opposing any part of the film for any reason must be an evolutionist - even if (as may be) Yoko is a creationist who just doesn't appreciate her property being stolen and misused.
And if a court holds that the film made fair use of Yoko's property, this of course isn't a case of a judge doing "creationism's dirty work" - it's a case of the forces of good defeating the forces of evil when the playing field is level.
And so the fact that Yoko's efforts are totally irrelevant to evolution (a subject that may have never crossed her mind) simply does not matter. The film is anti-evolution, therefore only evolutionists would oppose it. In the world of magical thinking, the symbol of something becomes the thing itself.
goodwin sands · 3 June 2008
So, just to do the math here -- the movie tanked. It's now playing on fewer than fifty screens, and in many cases sharing that screen with some other movie. So, as much as I would have preferred for Ono to win, we're still talking about a movie that pretty much nobody saw, and was seen mostly only by those who were already in the ID camp to start with. Sure, the DVD is probably gonna scream "THE FILM YOKO ONO COULDN'T KILL" or something similarly absurd on the cover, but it's still going to go into the hands of the fundies alone.
Until it hits the dollar bin. Then, maybe, I'll buy it.
Make lots and lots and lots of copies, Premise! Make lots and lots and lots and lots and lots of copies. And advertise a whole lot too! There's still plenty of opportunity to throw good money after bad.
ben · 3 June 2008
monthlyer,semi-annually, um, well, pretty much never, over at Progress in Complexity, Information, and Design . I guess when your research lab consists of a rented post office box, it's hard to get much work done.bigbang · 3 June 2008
In the prvious thread on this lawsuit, John Kwok said to Paul: “Only a delusional IDiot like yourself would think that Ono will lose.”
Looks like Paul wasn't the idiot. So much for the typical neo-Darwinian and somewhat paranoid mindset-groupthink.
As I noted in that thread, in the contest between Yoko and Stein, I’d bet my left testicle that Yoko loses. And as I also noted elsewhere, I'm also betting my left testicle that there is indeed an edge to evolution via RM+NS. So far, I'm winning.
Flint · 3 June 2008
Paul. M · 3 June 2008
[quote]The filmmakers selected two lines of the song that they believe envision a world without religion: “Nothing to kill or die for/ And no religion too.”[/quote]
If ID is religious then it is fair use.
Even if the ruling stands, the filmakers have destroyed any claim that ID is anything but religious. A brilliant own goal in pursuit of a quick buck.
Paul M · 3 June 2008
What about distribution of the film outside the US where Fair Use does not apply?
Can the copyright owners sue the filmmakers if they sell the DVD unmodified in Europe?
Science Avenger · 3 June 2008
Frank J · 3 June 2008
Frank B · 3 June 2008
Now that FL is gone, Bigbang has come to crow. It's all so pathetic. It's like being joyous over the fact that the self-destruct charges on the solid fuel boosters worked after the Challenger disaster.
goodwin sands · 3 June 2008
Mike from Ottawa · 3 June 2008
goodwin sands · 3 June 2008
MattusMaximus · 3 June 2008
Bummer, it would have been nice to see Yoko Ono take down Ben Stein. But, like many here, I'm not overly upset about the result; I'm curious about the likelihood of a lawsuit from Harvard/XVIVO though.
Anyone who is overly upset over this should just check out this link to Box Office Mojo...
http://boxofficemojo.com/movies/?id=expelled.htm
Since April 18th, Expelled has grossed a TOTAL of $7,614,754 - and note the fact that the producers of this train-wreck of a film were predicting "success" at $12 million on their opening weekend.
Sounds to me like it failed (or flunked) miserably on its own lack of merit. Having a smackdown from Yoko Ono via a judge would've been icing on the cake...
Paul Burnett · 3 June 2008
John Kwok · 3 June 2008
D P Robin · 3 June 2008
Henry J · 3 June 2008
D P Robin · 3 June 2008
James F · 3 June 2008
I just heard a radio commercial for Clear Eyes by...you guessed it...Ben Stein. That was his cunning plan all along! Get back into the media spotlight and resume his career as a pitchman for eyedrops!
goodwin sands · 3 June 2008
Torbjörn Larsson, OM · 3 June 2008
Torbjörn Larsson, OM · 3 June 2008
Torbjörn Larsson, OM · 3 June 2008
Gary Telles · 3 June 2008
Gary Telles · 3 June 2008
Gary Telles · 3 June 2008
phantomreader42 · 3 June 2008
Gary Telles · 4 June 2008
Shebardigan · 4 June 2008
Ichthyic · 4 June 2008
There's no substance there, so they deserve no response but ridicule and derision.
"Ridicule is the only weapon that can be used against unintelligible propositions. Ideas must be distinct before reason can act upon them."
-Thomas Jefferson
DavidK · 4 June 2008
Dale Husband · 4 June 2008
DavidK · 4 June 2008
So I see that the referenced ISCID has been established as a "scientific" journal that publishes "peer reviewed" (creationist/id) papers. It's not a mainstream journal, but specifically intended to publish only ID papers, thus giving weight to their claims to have peer reviewed papers published. Interesting.
Paul. M · 4 June 2008
Mike M · 4 June 2008
I find the responses to this fascinating.
They're all pretty reasonable - many along the lines of "well it's a pity the decision went to Expelled, but that's the way it goes". At worst there are expressions of disappointment.
Contrast this with the decision made by Judge Jones, and the ID/Creationist reaction to it. They screamed, ranted, raved, made death threats, accusations, and generally went into the mother-of-all hissy-fits which seemed like it would never end.
Speaks volumes for the types of people involved on the two sides, don't you think?
Frank J · 4 June 2008
phantomreader42 · 4 June 2008
phantomreader42 · 4 June 2008
phantomreader42 · 4 June 2008
Jeff Webber · 4 June 2008
blackant · 4 June 2008
Amazing how you can comment blood libels like Ben Stein and restart a flagging career. Yahoo featured him as an economist commenting on stocks. The guy is sooo reliable!
Check out today's NYTimes article on 'weaknesses and strengths': the new mantra of teaching the controversy.
blackant · 4 June 2008
Oops, I meant "commit" blood libels
David M Brooks · 4 June 2008
Deeming the “Imagine” 15 sec. clip "Fair Use" seems like the right decision. But what about the slavish copying of Harvard's "Inner Life of the Cell," which would seem to be not-so-fair-usage?
http://richarddawkins.net/article,2460,Expelled-ripped-off-Harvards-Inner-Life-of-the-Cell-animation,David-Bolinsky
chuck · 4 June 2008
raven · 4 June 2008
chuck · 4 June 2008
phantomreader42 · 4 June 2008
James F · 4 June 2008
Paul W. · 4 June 2008
Pierce R. Butler · 4 June 2008
Torbjörn Larsson, OM · 4 June 2008
Frank J · 4 June 2008
joyboy · 5 June 2008
THE RELIGION OF EVOLUTIONISM'S IRON GRIP ON AMERICA'S INSTITUTIONS VIA THE COURTS IS COMING TO AN END. THIS IS ONLY THE BEGINNING. DOVER WAS THE LAST VICTORY FOR THE GODLESS. NOW THE TIDE HAS TURNED! THE GOD-FEARING MAJORITY WILL TAKE THE COUNTRY BACK! WE WILL BECOME THE INSTRUMENT OF HIS JUSTICE AGAINST GODLESS EVOLUTIONISM AND ALL OF THE DISGUSTING ABOMINATIONS IT SPAWNED SUCH AS ABORTION, MOVIES, SODOMY POROGRAPHY, LIQUOR, GAMBLING, AND DANCING! EVOLUTIONISTS WILL HAVE TO CONFESS WITH THEIR MOUTHS THE LORD JESUS CHRIST AND BELIEVE IN THEIR HEARTS THAT GOD HATH RAISED HIM FROM THE DEAD OR ELSE! WE WILL HAVE PZ MYERS ON HIS KNEES, AND MAYBE EVEN RICHARD DAWKINS TOO! (WE WILL HAVE HIS SIDE OF THE POND IN TIME AS WELL!)
FL · 5 June 2008
Memo to Joyboy: Your side lost this one legal decision.
Get over it. (Hopefully, you'll lose in Louisiana too!)
FL :)
Cheryl Shepherd-Adams · 5 June 2008
Umm, FL, joyboy reads like he's aligned with you.
stevaroni · 5 June 2008
Why are the rabid creationists always incapable of punctuation and paragraphs?
Joyboy:
First - TURN OFF THE CAPS!
On the internet, a post in all caps is invariably viewed as a shorthand for "You should skip me right now, I was written by an semiliterate idiot". Despite it's apparent accuracy, you probably don't want to telegraph that idea right out of the gate.
Also, regardless of joy you might get from perceiving yourself to be yelling at the godless heathens, using all upper case actually makes your screed even less intelligible - if that's even possible. Typefaces are intelligently designed like that, with lower case more readable for block text.
Secondly, that funny L-shaped key marked "enter" is used for making "paragraphs".
"Paragraphs" are used to break your thoughts into coherent pieces, so that your screed is readable, or at least somewhat more readable.
If you actually find that you have any coherent thoughts, you would use the key like this (Enter)
And put the new thought here. (Enter)
See how easy that is?
chuck · 5 June 2008
Frank J · 5 June 2008
Cheryl and stevaroni:
For once I agree with FL. I think joyboy is a "Darwinist," maybe even an atheist, just having fun.
I can have fun too: Ono lost because God is fed up with you "Darwinists." "Darwinism" gave us the music of the devil, rock & roll, and God is taking action. Bo Diddley left the building this week. I don't think Pat Robertson would call that a coincidence. Y'all better start learning to say, "a-one-and-a-two..." ;-)
Cheryl Shepherd-Adams · 5 June 2008
If joyboy's spoofing the creos, he's rather consistent about it:
http://www.pandasthumb.org/archives/2008/05/from-rna-to-hum.html#comment-156171
http://www.pandasthumb.org/archives/2008/05/louisiana-is-ne.html#comment-153699
Is this some variant of Poe's Law?
[/offtopic]
H. H. · 5 June 2008
Evolution is responsible for movies and dancing? Joyboy clearly has to be a parody. Plus he spelled PZ Myers correctly. That's a dead giveaway.
stevaroni · 5 June 2008
stevaroni · 5 June 2008
Joshua Zelinsky · 5 June 2008
Joyboy has to be a parody. The comment at the end about the other side of the pond clinches it.
s1mplex · 5 June 2008
Parody... he spelled PZ's last name correctly.
Flint · 5 June 2008
I think joyboy has captured something important. Creationists threaten us with eternal damnation, we threaten them with fact and logic, and both of our chosen weapons pass right through the other like smoke.
DavidK · 5 June 2008
If I'm not mistaken, all of the activities referenced by JoyBoy are found within the pages of the Bible and have been practiced by one or more of the "moral majority" referenced therein, no?
Romartus · 5 June 2008
FL stands for 'Flawed Logic' or 'Flailing Longjohns '. Or perhaps it is just short for FLOOD. Imagine a World without Trolls....
Torbjörn Larsson, OM · 5 June 2008
Dan · 5 June 2008
Pierce R. Butler · 5 June 2008
Stacy S. · 5 June 2008
stevaroni · 5 June 2008
stevaroni · 5 June 2008
Joshua Zelinsky · 5 June 2008
Stevaroni,
Noah curse's goes to Ham and Cannan for not doing anything about his nakedness. The two who cover him up aren't cursed. Also, in the ancient Middle East, seeing a parent naked was considered extremely disrespectful. Look at Leviticus 18 where where uncovering nakedness of relatives is connected with incest and other sexual crimes.
Joshua Zelinsky · 5 June 2008
Stevaroni,
Noah curse's goes to Ham and Cannan for not doing anything about his nakedness. The two who cover him up aren't cursed. Also, in the ancient Middle East, seeing a parent naked was considered extremely disrespectful. Look at Leviticus 18 where where uncovering nakedness of relatives is connected with incest and other sexual crimes.
Frank J · 6 June 2008
Torbjörn Larsson, OM · 6 June 2008