Intellectual Property Law

Ben Stein and anti-science producers misunderstand copyright AND evolution

By Siva Vaidhyanathan

New York Times:

Yoko Ono sues in NY over song in movie challenging evolution

By THE ASSOCIATED PRESS
Published: April 24, 2008

Filed at 7:32 a.m. ET

NEW YORK (AP) -- Yoko Ono is suing the producers of a movie that challenges the concept of Darwinian evolution, saying they used the song ''Imagine'' without her permission and led the blogosphere to accuse her of ''selling out.''

In a lawsuit filed in federal court in Manhattan, Ono accuses the producers of ''Expelled: No Intelligence Allowed'' of suggesting to viewers that those who guard John Lennon's legacy somehow authorized or sponsored the film.

The producers of the film, which features Ben Stein challenging Darwinian theories that prevail in academic circles and suggesting that life could have emerged through intelligent design, said they used only ''a very small portion of the song.''

''Based on the fair use doctrine, news commentators and film documentarians regularly use material in the same way we do,'' Premise Media said in a statement. ''Unbiased viewers of the film will see that the 'Imagine' clip was used as part of a social commentary in the exercise of free speech and freedom of inquiry.''

Fair use is good for many things. But a commercial motion picture using a song to highlight a message rather than comment on the song itself? Sorry. That ain't it.

It frustrates me to no end that some people think fair use is a blank check. That practice totally undermines the real value of fair use.

Then again, no one ever accused these movie producers of being smart.

Full post as published by SIVACRACY .NET on April 24, 2008 (boomark / email).