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==Imagine flap==
 
==Imagine flap==
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In mid-April, 2008, Yoko Ono filed a lawsuit in a Manhattan federal court, claiming that Premise Media and Rocky Mountain Pictures used a video clip of her late husband, John Lennon, singing "Imagine" without her approval.  Ono maintains that the documentary's credits could mislead viewers about her having authorized Lennon's clip. <ref>[http://richarddawkins.net/article,2506,n,n] Yoko Ono sues over use of John Lennon videos</ref>
    
* Ms. Ono's lawyer, Jonas Herbsman, of Shukat, Arrow, Hafer, Weber & Herbsman, said in an interview Wednesday: "It was not licensed." With respect to the filmmakers, he says: "We are exploring all options." [http://richarddawkins.net/article,2477,n,n]
 
* Ms. Ono's lawyer, Jonas Herbsman, of Shukat, Arrow, Hafer, Weber & Herbsman, said in an interview Wednesday: "It was not licensed." With respect to the filmmakers, he says: "We are exploring all options." [http://richarddawkins.net/article,2477,n,n]
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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 that licensing was not required in this context.
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