Judge rules in favor of Expelled film producers in lawsuit against use of Beatle John Lennon's song Imagine

Judge rules in favor of Expelled film producers in lawsuit against use of Beatle John Lennon's song Imagine
Film to be Re-Released in theaters this Summer

By Michael Ireland
Chief Correspondent, ASSIST News Service


STUDIO CITY, CALIFORNIA (ANS) -- Yoko Ono, the widow of deceased Beatle John Lennon, has lost her battle against the producers of the film Expelled: No Intelligence Allowed.


Ono brought suit against the film's producers for including John Lennon's song Imagine in their documentary.

Last month, a federal court in Manhattan denied Ono's request for an injunction against the film that would have forced it out of theaters nationwide.

The producers are celebrating this victory by announcing that the film will be re-released theatrically this summer across the United States, according to a media release obtained by ASSIST News.

Expelled: No Intelligence Allowed, is a documentary exploring one of the nation's most contentious and longest running battles -- the argument over where and how life began, starring author/actor/economist Ben Stein. The film debuted at #10 at the box office, but saw its theatrical run marred by the Ono lawsuit.

"We had many individuals and groups who had planned to see the film, but decided not to because the cloud of doubt this lawsuit brought to the film," noted one of the film's producers John Sullivan.

"We came out of the gate with strong momentum only to have our integrity questioned by this frivolous lawsuit. While we're thrilled with the film's having earned nearly $8 million dollars during its first run, we've heard from enough people and groups who want to see it in their theaters that we've agreed to re-release it-this time without an undeserved cloud over its head."

Shortly after the film's release, Ono filed a suit against the film's producers, Premise Media, seeking damages for alleged copyright infringement because the song had not been licensed for use in the film.

On May 19, 2008 the parties agreed to a voluntary temporary restraining order while they awaited Manhattan U.S. District Court Judge Sydney H. Stein's ruling on Ono's motion to enjoin the showing and distribution of the film.

The restraining order prevented the producers from making additional copies of the film for distribution. However, on June 2 Judge Stein denied the injunction and noted that Premise Media was likely to succeed on its fair use defense.

In his decision Judge Stein wrote, "the doctrine provides that the fair use of copyrighted work for purposes of criticism and commentary is not an infringement of copyright."

"I'm not related to Judge Stein in any way," noted Expelled's star Ben Stein, "but we are related in this sense: we are both fans of the first amendment and I am grateful that the legal system set aside this attempt to shut our film up."

Actor Stein added: "We will not be silenced. In fact it will have the opposite effect: we will re-release it and allow millions of Americans to go to the box office and register their vote against Ms. Ono and her attempt to keep them from watching our film."

The court ruling prevents Ono from interfering with the national re-release of the film this summer and the company has come up with an ambitious plan to make the film available to any group which would like to bring the film to a local theater.

Working in conjunction with the film's distributor Rocky Mountain Pictures, Expelled will be made available to any group of 250-300 people at a cost of low as $6 per ticket.

"We have 1,000 prints ready to be shipped out to any group that would like to bring the movie to their local theater," noted Premise's EVP-Sales Tripp Thornton.





For more information or to schedule a screening please contact: Premise Media at (678) 546-5580 or email: Tripp@premisemedia.com 

For media inquiries or to schedule an interview please contact: laurakobbs@gmail.com.

For more information please go to: http://mm.ninjitsuhosting.com/sites/all/modules/civicrm/extern/url.php?u=17602&qid=181802 










** Michael Ireland, Chief Correspondent of ANS, is an international British freelance journalist who was formerly a reporter with a London newspaper and has been a frequent contributor to UCB Europe, a British Christian radio station. Michael's involvement with ASSIST News Service is a sponsored ministry department -- Michael Ireland Media Missionary (MIMM) -- of ACT International at: Artists in Christian Testimony (ACT) International.

Related Articles • More Articles

Earlier this week I spoke at a leadership conference for a group of pastors in El Salvador. These pastors face a lot of spiritual challenges in their culture: Drug addiction among youth, alcoholism, idolatry, and rampant witchcraft. But I had to tell these pastors that the biggest challenge to their churches is not something outside—it is something inside the church. One of the biggest enemies of revival is the spirit of religion. It could be the reason your spiritual life is stagnant. It could also be the reason your church isn't growing.
There is a Third party in the Room. Yes, it is so sad to hear of all the testimonies of things going on. And now that there is controversy, everyone is trying to "manage it." But from a believing prophetic view, there is another message. The prayer stream got polluted and God started resisting hearing those prayers. I am not here to point fingers. I have been through my own traumas. And we can go looking for the "right person or persons" when in fact, there is no human who is. But there is another Person in the Room!
We are continuing a section on tithing. And particularly THE ISSUE of "TITHING-UP." We have already talked about how it should not embarrass us or anger us to talk about proper giving. Jesus talked more about giving and stewardship than any other topic. As a matter of fact, Jesus talked more about giving money than He did about the Kingdom of Heaven. While tithing is not emphasized (or taught) in the New Testament, it was assumed. The early church were Jewish believers who practiced Jewish customs (Acts 2:5, 21:20). In other words, the Jews tithed! They didn't need to be reminded!