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."
EMI Records Ltd. and Capitol Records LLC filed suit against the
same defendants in the Supreme Court of the State of New York,
alleging violation of their rights in the sound recording under New
York state law. The plaintiffs in that case have likewise asked the
state court to enjoin further distribution of the film. That motion is
still pending, and a decision is expected in the coming weeks.
Joining Falzone on the case as counsel are Stanford Law colleagues
Lawrence Lessig, Julie Ahrens, and Brandy Karl. The Stanford team is
joined by Roy Hardin and April Terry, partners at the Dallas office of
Locke Lord Bissell & Liddell LLP.
About the Fair Use Project
The Stanford Center for Internet and Society's Fair Use Project
("the FUP") was founded in 2006. Its purpose is to provide legal
support to a range of projects designed to clarify, and extend, the
boundaries of "fair use" in order to enhance creative freedom. The FUP
represents filmmakers, musicians, artists, writers, scholars, and
other content creators in a range of disputes that raise important
questions concerning fair use and the limits of intellectual property
rights. In doing so, it relies on a network of talented lawyers within
the Center for Internet and Society, as well as attorneys in law firms
and public interest organizations that are dedicated to advancing the
mission of the FUP.
About Lawrence Lessig
Lawrence Lessig, founder and director of the Center for Internet
and Society and the C. Wendell and Edith M. Carlsmith Professor of Law
at Stanford Law School, is a leading figure in the United States and
abroad in intellectual property law. An advocate for the "innovation
commons," a free space where culture, ideas and expression can
flourish, Lessig is the founder of Creative Commons
(http://creativecommons.org), which lets authors, scientists, artists,
and educators easily mark their creative work with the freedoms they
want it to carry.
About Anthony Falzone
Anthony Falzone is executive director of Stanford Law School's
Fair Use Project. He is an intellectual property litigator who has
represented technology and media clients in a wide array of
intellectual property disputes including copyright, trademark, rights
of publicity, and patent matters. He is also a lecturer in law at
Stanford Law School, teaching Fair Use in Film. Prior to joining
Stanford Law School, he was a partner in the San Francisco office of
Bingham McCutchen LLP.
About Julie Ahrens
Julie Ahrens is associate director of Stanford Law School's Fair
Use Project, where she represents writers, filmmakers, musicians, and
others who rely on fair use in creating their art, documentaries,
scholarship, critiques, or comments. Before joining Stanford, Julie
was a litigation attorney in the San Francisco office of Kirkland &
Ellis LLP.
About Brandy Karl
Brandy Karl joined Stanford Law School in 2007 as a residential
fellow at the Center for Internet & Society, where her work includes
public interest litigation and other projects related to technology
and intellectual property regulation. Prior to joining the Center,
Karl practiced copyright and trademark law in Boston as principal of
her own firm.
About the Center for Internet and Society
Founded by Stanford Law Professor Lawrence Lessig in 2001, the
Center for Internet and Society (http://cyberlaw.stanford.edu) is a
public interest technology law and policy program at Stanford Law
School which engages students, academics, technologists and policy
makers in exploring the interactions between technology, law, and
society.
About Stanford Law School
Stanford Law School (www.law.stanford.edu) is one of the nation's
leading institutions for legal scholarship and education. Its alumni
are among the most influential decision makers in law, politics,
business, and high technology. Faculty members argue before the
Supreme Court, testify before Congress, and write books and articles
for academic audiences, as well as the popular press. Along with
offering traditional law school classes, the school has embraced new
subjects and new ways of teaching.
About Premise Media
Premise Media Corporation (www.premisemedia.com) develops,
finances, and produces independent films, books, and DVDs for the
domestic and international marketplace, producing world-class media
that stirs the heart and inspires the mind to truth, purpose, and
hope.
About Roy Hardin
Roy Hardin, partner at Locke Lord Bissell & Liddell LLP, has over
thirty years of experience trying patent cases in diverse fields. In
recent years, he has presented claim interpretation arguments in the
Tyler, Marshall and Texarkana divisions of the Eastern District of
Texas. Hardin also has utilized alternate dispute resolutions,
including mini-trials and arbitration. He has tried bench and jury
patent infringement cases across the country and has presented a
number of important oral arguments to the Federal Circuit.
About April Terry
April Terry, partner at Locke Lord Bissell & Liddell LLP, focuses
on commercial litigation matters, both general and complex. Named a
"Texas Rising Star/Super Lawyer" in Texas Monthly magazine, Terry
represents major Fortune 500 companies in complex litigation and
arbitration matters, including fiduciary relations claims, corporate
governance issues, director and officer liability claims, investor
claims, indemnity disputes, and disputes regarding failed software
implementations.
About Locke Lord Bissell & Liddell LLP
Locke Lord Bissell & Liddell LLP (http://www.lockelord.com) is a
full-service, national law firm of more than 700 attorneys with
offices in Atlanta, Austin, Boston, Chicago, Dallas, Houston, London,
Los Angeles, New Orleans, New York, Sacramento and Washington, D.C.
With a vast geographic scope, and a national reputation in complex
litigation, regulatory and transactional work, Locke Lord Bissell &
Liddell is focused on achieving client success as a team. Among
LLB&L's many strong practice areas are appellate, capital markets,
corporate, class action litigation, employee benefits, energy,
environmental, financial services, health care, insurance and
reinsurance industries, intellectual property, labor and employment,
public law, real estate, REIT, tax and technology.
Stanford Law School
Amy Poftak, 650-725-7516
Assistant Director of Communications
poftak@law.stanford.edu
(Stanford legal team)
or
CRC Public Relations
Megan Erhardt, 703-683-5004 ext. 136
merhardt@crcpublicrelations.com
(Premise Media; Locke Lord legal team)
Copyright Business Wire 2008
