Fair Use Applies In 'Imagine' Spat: NY Court

Law360, New York (August 21, 2008, 12:00 AM EDT) -- EMI Records Ltd. and Capitol Records LLC have lost a bid in state court to bar the use of John Lennon's song “Imagine” in a controversial documentary criticizing the theory of evolution, more than two months after Yoko Ono lost a similar attempt in federal court.

In a ruling issued Aug. 13 in the New York Supreme Court, Judge Richard B. Lowe III denied the record companies' motion for a preliminary injunction. But he kept the case alive after finding that the plaintiffs had pleaded a...
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