Not sure where to put this but, no doubt, it will eventually serve or support a precedent on internet copyright. I believe, it will eventually influence our use of published internet materials, especially from www.afl.com.au and how we may possibly criticize it.
http://www.businesswire.com/portal/site/google/?ndmViewId=news_view&newsId=20080602006636&newsLang=en
Stanford Law School’s Fair Use Project: Yoko Ono’s Injunction Against “Expelled” Producers Denied
STANFORD, Calif.--(BUSINESS WIRE)--The Fair Use Project of Stanford Law School’s Center for Internet and Society today announced that Yoko Ono’s attempt to enjoin Premise Media’s documentary, “Expelled: No Intelligence Allowed,” has been denied.
The film, released in the United States last month on more than 1000 theater screens nationwide, explores whether proponents of intelligent design are being discriminated against unfairly in academia and beyond. The film uses a 15-second clip from John Lennon’s song “Imagine” to criticize both the song and the anti-religious message it conveys—that the world might be a better place without religion. Ono asked the court to enjoin continued distribution of the film in its present form and to recall and destroy existing copies. The Fair Use Project is representing Premise Media and the other defendants in the case pro bono, along with the national law firm Locke Lord Bissell & Liddell LLP.
In a ruling issued today, Judge Sidney H. Stein of the U.S. District Court Southern District of New York rejected Ono’s request. In holding that Premise Media is likely to prevail under copyright’s fair use doctrine, the court recognized that the film used a limited portion of “Imagine” to criticize the song and the views expressed in it, and to make further social commentary. While the lawsuit is still pending, today’s decision helps pave the way for further distribution of the film in theaters and on DVD.
“This case is not just about fair use, it is about free speech,” explained Anthony Falzone, executive director of the Fair Use Project and lead counsel on the case. “The right to use portions of copyrighted works in order to criticize 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.”
Lennon’s widow Yoko Ono and his sons Sean and Julian, along with EMI Blackwood Music, filed suit on April 22, 2008 claiming that Premise Media’s unauthorized use of “Imagine” violates copyright and trademark law. The suit, filed in the U.S. District Court for the Southern District of New York, alleged that Premise Media, C&S Production LP, Premise Media Distribution LP, and Rocky Mountain Pictures misappropriated the composition in violation of the Copyright Act, the Lanham Act, and New York state law.
“We are happy that Judge Stein has removed this legal impediment to our continued distribution of Expelled,” said Logan Craft, chairman and executive producer of Premise Media. “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 U.S. this summer, and its DVD release this fall.”
http://www.businesswire.com/portal/site/google/?ndmViewId=news_view&newsId=20080602006636&newsLang=en
Stanford Law School’s Fair Use Project: Yoko Ono’s Injunction Against “Expelled” Producers Denied
STANFORD, Calif.--(BUSINESS WIRE)--The Fair Use Project of Stanford Law School’s Center for Internet and Society today announced that Yoko Ono’s attempt to enjoin Premise Media’s documentary, “Expelled: No Intelligence Allowed,” has been denied.
The film, released in the United States last month on more than 1000 theater screens nationwide, explores whether proponents of intelligent design are being discriminated against unfairly in academia and beyond. The film uses a 15-second clip from John Lennon’s song “Imagine” to criticize both the song and the anti-religious message it conveys—that the world might be a better place without religion. Ono asked the court to enjoin continued distribution of the film in its present form and to recall and destroy existing copies. The Fair Use Project is representing Premise Media and the other defendants in the case pro bono, along with the national law firm Locke Lord Bissell & Liddell LLP.
In a ruling issued today, Judge Sidney H. Stein of the U.S. District Court Southern District of New York rejected Ono’s request. In holding that Premise Media is likely to prevail under copyright’s fair use doctrine, the court recognized that the film used a limited portion of “Imagine” to criticize the song and the views expressed in it, and to make further social commentary. While the lawsuit is still pending, today’s decision helps pave the way for further distribution of the film in theaters and on DVD.
“This case is not just about fair use, it is about free speech,” explained Anthony Falzone, executive director of the Fair Use Project and lead counsel on the case. “The right to use portions of copyrighted works in order to criticize 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.”
Lennon’s widow Yoko Ono and his sons Sean and Julian, along with EMI Blackwood Music, filed suit on April 22, 2008 claiming that Premise Media’s unauthorized use of “Imagine” violates copyright and trademark law. The suit, filed in the U.S. District Court for the Southern District of New York, alleged that Premise Media, C&S Production LP, Premise Media Distribution LP, and Rocky Mountain Pictures misappropriated the composition in violation of the Copyright Act, the Lanham Act, and New York state law.
“We are happy that Judge Stein has removed this legal impediment to our continued distribution of Expelled,” said Logan Craft, chairman and executive producer of Premise Media. “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 U.S. this summer, and its DVD release this fall.”
