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Fair Use Defense Ruled "Likely to Prevail" in "Imagine" Copyright Infringement Suit
by via the EFF
Friday, June 6, 2008 : This week, the Stanford Center for Internet and Society's Fair Use Project struck a telling blow in the battle to protect fair use. A US District Judge issued an opinion holding that the producers and distributors of the documentary Expelled: No Intelligence Allowed are likely to prevail on their fair use defense in a copyright infringement suit brought by Yoko Ono. As part of the film's commentary on the treatment of "intelligent design" in academia, the filmmakers included a snippet of John Lennon's "Imagine," highlighting the lyrics "Nothing to kill or die for / And no religion too." The filmmakers did not seek a license to use parts of "Imagine" in the film.

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