Yoko Ono Gave No Permission For Creationist Documentary’s Use Of Song

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    A creationist propaganda documentary called “Expelled” is set to open at various locations around the United States on Friday, creating a stir in the blogosphere. Some bloggers pointed out the use of the late John Lennon’s song “Imagine” in the film, speculating that his wife Yoko Ono had profited from licensing it. However, Yoko Ono’s lawyers have stated that the song was used without permission:

    The dustup has already led to both a scathing article and a retraction on the site HuffingtonPost.com, where Wednesday afternoon writer James Boyce took back an article he had posted 48 hours earlier: “I apologize to Mrs. Lennon for my incorrect assumptions and statements in the article below which, of course, I retract completely.”

    Word of the song’s appearance in “Expelled: No Intelligence Allowed” outraged bloggers, who immediately began speculating about why Ms. Ono would allow the song to appear in what they characterized as “creationist propaganda.” (“What else would you expect them to say?” asked Mark Mathis, the film’s associate producer. “They’re absolutely infuriated when anyone dares question their philosophy.”)

    “I guess that the $20 million plus the estate earns every year isn’t enough for Yoko Ono,” Mr. Boyce wrote Monday in the Huffington Post, referring to an income estimate printed by Forbes magazine. “Not only does she feel the need to license the song out, she probably held out for the highest bidder.”

    But according to a lawyer for Ms. Ono, the filmmakers did not have permission to use the song, for any amount of money.

    Ms. Ono’s lawyer, Jonas Herbsman, of Shukat, Arrow, Hafer, Weber & Herbsman, said in an interview Wednesday: “It was not licensed.” With respect to the filmmakers, he says: “We are exploring all options.” It is not clear what remedies if any may be available to Ms. Ono.

    The producers of the film claim that their use of only a short portion of the song is protected under the fair use doctrine of free speech

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