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Premise Media issued a statement on April 23, 2008 regarding the use of ''Imagine'' in ''Expelled''.<ref>[http://expelledthemovie.com/blog/2008/04/23/executive-producers-of-expelled-no-intelligence-allowed-statement-on-lawsuit-by-yoko-ono/] Executive Producers of EXPELLED: No Intelligence Allowed Statement on Lawsuit by Yoko Ono</ref>  In it, they claim that they used a portion of the song under the principles of Fair Use, "based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism."  They acknowledge that Ms. Yoko Ono did not license the song for use in the film, but claim that licensing was not required in this context.
 
Premise Media issued a statement on April 23, 2008 regarding the use of ''Imagine'' in ''Expelled''.<ref>[http://expelledthemovie.com/blog/2008/04/23/executive-producers-of-expelled-no-intelligence-allowed-statement-on-lawsuit-by-yoko-ono/] Executive Producers of EXPELLED: No Intelligence Allowed Statement on Lawsuit by Yoko Ono</ref>  In it, they claim that they used a portion of the song under the principles of Fair Use, "based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism."  They acknowledge that Ms. Yoko Ono did not license the song for use in the film, but claim that licensing was not required in this context.
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On June 2, 2008, U.S. District Judge Sidney Stein (no relation to Ben Stein) ruled in favor of the filmmakers under the "fair use" provision.<ref>http://www.reuters.com/article/entertainmentNews/idUSN0231537020080602</ref>
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On June 2, 2008, U.S. District Judge Sidney Stein (no relation to Ben Stein) ruled in favor of the filmmakers under the "fair use" provision.<ref>https://www.reuters.com/article/entertainmentNews/idUSN0231537020080602</ref>
    
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