So after a little digging around on the whole imbroglio involving Ben Stein’s dubious pro-creationist film, “Expelled: No Intelligence Allowed,” and the fact that two tracks by The Killers and John Lennon (“Imagine,” no less) may have been licensed for the film – which as many have pointed out would be an odd association for Yoko Ono, Lennon and the Killers to be a part of – we’ve found some answers.
Publicists for Ono, her lawyers and people have told us the the track was not licensed for the film and a statement on the matter would be forthcoming (see below). Will be interesting on Friday to see this film and John Lennon’s “Imagine,” playing “over B&W scenes of what looked like communist China, with a parade of soldiers.”
Thanks to the Swarm, we found another update over at the Wall Street Journal. They talked to Ono’s lawyers and it looks like the filmmakers are using the Lennon track anyhow even though they do not have permission to use the song, “for any amount of money.”
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.” It is not clear what remedies if any may be available to Ms. Ono.
Lawsuit in, 2, 3, 4… Check this: the producers are trying to justify the usage of the track under the first amendment.
The film’s three producers — Walt Ruloff, John Sullivan and Logan Craft — acknowledged that they did not seek permission, but they called the use “momentary.” “After seeking the opinion of legal counsel it was seen as a First Amendment issue and protected under the fair use doctrine of free speech,” the statement said. A spokeswoman said under 25 seconds of the song are used in the movie.
Yeah, someone is soon to be sued into the grave.
However, a statement at the end of the article concludes that the Killers, did give their permission to use the song (or at least their label or publishers did, but we can assume, these matters are passed by management at least?)
A spokesman for Vivendi SA’s Universal Music Group, which owns the band’s record label and music publisher, said licenses had been issued.
Update: An interesting addendum to this story. The Huffington Post blogger who started this brouhaha by calling out Yoko in the first place, has run a retraction in his story. We feel like we’ve done our job. He writes, “I apologize to Mrs. Lennon for my incorrect assumptions and statements in the article below which, of course, I retract completely. I will also find out more about the producers of the movie and what their motives are.”
Alright… this is becoming very interesting… here is what the head administrator over at the official Killers message board just posted:
“I just spoke to the band’s manager, and adding to the confusion was the fact that they did authorize a project months ago with this request:
Quote:
‘The film is a satirical documentary with an estimated running time of 1 hour and 50 minutes, exploring academic freedom in public schools and government institutions with actor, comedian, economist, Ben Stein as the spokesperson.’
What they authorized was a documentary about ‘academic freedom in schools’, not the film that the producers produced.
They contacted the producers of the film to ask that the song be removed but it is too late. Unfortunately it was misrepresented to them when the request came through to use it. Add this band to a long line of people who were misled by the producers of this film.”
She later added:
“The band asked the producers to remove their song from the film when they became aware of the true nature of it. They were told it is too late. That’s all there is.”
Man that is seriously messed up…
Imagine all the people
Living life in peace…
Very touching sentiment, very lovely melody…
But don’t you get that this upset, this lawsuit, is a sham? The problem is not whether Ben Stein is a creationist or an evolutionist; it is about The Academic World persecuting those who don’t hold to The Darwin Doctrine. This movie highlights that Darwinism as a faith is no more tolerant than fundamentalism, and so it really is a documentary on academic freedom. Firing someone who isn’t Darwinian in viewpoint is EXACTLY the same foolishness that caused the Scopes trial in the first place. Same argument, different ox getting gored.
Lennon’s intolerance for religion of any stripe is the theme of the song, but apparently that doesn’t apply to the Church of Darwin.
Bigotry lives on through Yoko.
I find it so interesting that a pursuit of peace and love and tolerance is only available to those who are in good with the “Lennon click”. I am sure that even John Lennon would be turning in his grave right now at his wife’s actions. He was political, he loved creating friction to anything that represented a police state mentality. Like the church of Darwin. Yoko, who has for years been a joke on representing anything but greed, power, manipulation and selfishness has decided to make some money in the midst of her identity insecurity and continue the spiral of hate that is being directed at this film and it’s ideas. If people don’t believe what the film has to say why is is such a threat to them? Things that I don’t believe don’t bother me if I know the truth about it, you don’t see confident people suing over issues like this, only insecure ones. It is funny because she used an unauthorized Bob Dylan clip in one of her hubby’s films, I suppose she is so corrupt that she feels exalted enough to throw the stone instead of roll with it.
I think that it is amazing how much emotion this topic brings up. I find it all very interesting to watch and observe.