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Ray Pride

By Ray Pride Pride@moviecitynews.com

PR of the day: arguing against precedent Expelled's theft of "Imagine" is "fair use"

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PR, as received: “EXPELLED Producers to Yoko Ono: Let it Be
( Dallas , TX ) – A new front has been opened in the culture wars. Ben Stein’s EXPELLED: No Intelligence Allowed stunned detractors by opening as the nation’s #10 movie last weekend. Out for less than one week, it has already become one of the top 25 documentaries of all time.
Opponents of the film have attacked everyone and everything in it. They have attacked the producers, the star, the music, and film itself. They have even attacked those who have seen it. Now they want to change the Constitution.
Yoko Ono and others have now filed lawsuits challenging the film’s use and critique of John Lennon’s song Imagine. One of the suits seeks to ban free speech through preliminary injunctive relief which essentially means that they are trying to expel EXPELLED as it is now being shown in theaters.
“If you really listen to the lyrics of Imagine then you realize that it represents everything that the Neo-Darwinists want. ‘Imagine there’s no Heaven…No hell below us…Nothing to kill or die for And no religion too…’ That’s exactly what the Darwinist establishment wants to do: get rid of religion. And that’s what we point out when we play less than 15 seconds of the song and show some of the lyrics on screen,” said Walt Ruloff Executive Producer and CEO of Premise Media.


Executive Producer and Chairman of Premise Media Logan Craft explained, “The fair use doctrine is a well established principle that gives the public the right to freely use portions of copyrighted materials for the purposes of commentary and criticism. While some may not like what we have to say or how we say it, we have the free speech right to do so – just as other political and social commentators have been doing for years.”
Premise did not pursue a license for the song and had no obligation to do so. 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. The brief clip – consisting of a mere 10 words – was used to contrast the messages in the documentary and was not used as an endorsement of EXPELLED.
But the irony of this lawsuit was not lost on the film’s star Ben Stein, “So Yoko Ono is suing over the brief Constitutionally protected use of a song that wants us to ‘Imagine no possessions’? Maybe instead of wasting everyone’s time trying to silence a documentary she should give the song to the world for free? After all, ‘imagine all the people sharing all the world…You may say I’m a dreamer But I’m not the only one I hope someday you’ll join us And the World can live as one.'”

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“With every table in the dining room occupied and me, the only waiter, neglecting the needs of a good fifty patrons, I approached Roth. Holding out Balls as a numbness set into the muscles of my face, I spoke. “Sir, I’ve heard you say that you don’t read fiction anymore, but I’ve just had my first novel published and I’d like to give you a copy.”

“His eyes lifting from his iPhone, he took the book from my hands. He congratulated me. Then, staring at the cover, he said, “Great title. I’m surprised I didn’t think of it myself.”

“These words worked on me like a hit of morphine. Like two hits. It felt as if I was no longer the occupant of my own body. The legs had gone weak, the ears warmed, the eyes watered, the heart rate increased rapidly. Barely able to keep myself upright, I told him, “Thank you.”

“Then Roth, who, the world would learn sixteen days later, was retiring from writing, said, in an even tone, with seeming sincerity, “Yeah, this is great. But I would quit while you’re ahead. Really, it’s an awful field. Just torture. Awful. You write and write, and you have to throw almost all of it away because it’s not any good. I would say just stop now. You don’t want to do this to yourself. That’s my advice to you.”

“I managed, “It’s too late, sir. There’s no turning back. I’m in.”

“Nodding slowly, he said to me, “Well then, good luck.”

“After which I went back to work.”
~ Julian Tepper

“Any form of physical or sexual assault is a very serious matter, potentially a legal matter. But I’m also wondering, what about having some kind of “extreme asshole” clause? I know lots of people who have been abused verbally and psychologically. That’s traumatizing, too. What do we do with that?  It takes a lot of energy to be an asshole. The people I admire most just aren’t interested in things that take away from their ability to make stuff. The people I really respect, and that I’ve met who fit this definition, have a sense of grace about them, because they know that there is no evolving and there is no wisdom without humility. You can’t get better if you behave in a way that shuts people off. You can’t! You don’t have all the ideas necessary to solve something. You don’t! I’m sure if you spoke to Harvey in his heyday and said to him what I just said to you, he would believe that he accomplished all that he had because of the way he behaved.”
~ Steven Soderbergh