I remember where I was when John Lennon was shot. I was lying in bed, listening to Pink Floyd's Atom Heart Mother on 8-track. My father thought I was sleeping, so he didn't tell me right away, and it was only when I sobered up a bit (ah, to be seventeen in 1980!), and turned on the radio that I figured out what happened. CHUM-FM and Q-107 were pretty decent stations then, and you could usually depend on them not to play treacle like "Imagine" repeatedly.
Almost 28 years later, and "Imagine" is back in the news again, and this time it's a double whammy. First comes David Archuleta, who sang it and lost American Idol by a whopping 12 million votes. Well , gosh, golly gee, and jeepers! The Mormon milksop may have thrilled his eleven-year-old audience with a bowdlerized version of the song, but singing "Imagine" with the parts about no Heaven and no countries expurgated really seems to miss the point. But apparently he's not the only Bible thumper to abuse the song.
The subtitle of Expelled really sums up the film--No Intelligence Allowed. Here is yet another attempt by fundie yahoos to push their Creationist agenda on the American education system, this time with Ferris Bueller's teacher as their spokesperson. The problem is, as I learned from Wikinews, that the God Squad behind this film has incorporated about 20 to 30 seconds of the song "Imagine" into the film, citing "fair use" as their defense. I hear that Yoko, now in her mid-seventies, isn't very happy about it.
For me, this case poses an interesting dilemma. One the one hand, in the Wikiworld, this could be a classic example of fair use--a fragment of a song used to illustrate a point. To quote the excellent Wikinews article: "Judge Richard Lowe ... asked ... why the film's producers did not read the lyrics to the song or flash the lyrics on the screen." In other words, there are alternatives, perhaps not as exciting as a fragment of the song, but viable alternatives nonetheless. I wonder if this statement by the judge will have any implications on the extensive abuse of fair use on Wikipedia--for instance, just the other day I found the full version of a copyrighted song in the Bianca Ryan article (someone has since cleaned it up).
But fair use has a place, when used wisely and in moderation. One could, perhaps, argue that Expelled is a documentary, and the John Lennon song is used only in part to illustrate a point. As such, perhaps, the producers' claims should be defended. On the other hand, from a moral perspective, a film that attacks science and promotes "intelligent" design is hardly something I would like to defend.
So that's the problem: defend fair use by defending "intelligent" design, or let the ongoing law suit prevent distribution of the film. What do you think?
Wednesday, May 21, 2008
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11 comments:
One of the key points of the legal system is that one must often defend an organization they disagree with because the basic arguments behind the suit are worth fighting for. I'm not sure if this is fair use, honestly, but I think it's worth fighting for nonetheless. A weak "fair use" definition could hurt Wikimedia and other publishers in the future.
That said, I wouldn't be surprised to see the lawsuit go against Expelled; it doesn't meet, for example, Wikipedia's fair use guidelines require a belief that it won't affect the commercial usage of the media. You mentioned that Ono et al. are arguing (rather fairly, in my opinion) that the film dilutes the song, and makes it much tougher for them to use it commercially if they so desire. I think the final decision may rest on that.
I'm not sure I get the judge's line of reasoning (then again, I'm sure he knows more about legal stuff than I do!). He asked "why the film's producers did not read the lyrics to the song or flash the lyrics on the screen". Well, what difference would that make? The lyrics are copyrighted, too, so reading or displaying them would fall under fair use as well, right? Am I missing something here?
I've always hated Imagine. Partly because, as a Christian, hippy nihilism has never struck me an attractive philosophy. Neither does communist internationalism have a great track record at mimicking utopia.
Further, this is certainly a rich man's anthem. Someone content with life today that has little time for the cry for justice tomorrow; he wants no 'powers above' who might impede his idealised freedom. "Imagine no possessions. I wonder if you can?" Well, John, millions of people in the world don't have to "imagine" absolute poverty. I wonder if you can? As much as you journeyed spiritually to the east, there's no confusing a pop star (or an internet celebrity) with Ghandi.
And that really does make the whole notion of Yoko trying simultaneously to control the ideological and economic legacies of this great piece of music the ultimate in oxymorons. If utopia is possessionless, then asserting intellectual propriator's rights over its ballads is absurd. If there are indeed no powers above, then there is surely to be no enforcement of such rights. Alternatively, if the sentiment of the song is just another commodity, then the ID movement has as much ideological right to capitalise on it as any other would be heirs.
As a Jewish philosopher, who owned little more than the clothes he wore, once said; "by their fruits ye shall know them".
Doc
I meant Gandhi not Ghandi. Maybe it would be easier if we edited history and spelt Mahatma's name Jay Aye Em Bee Oh instead.
Doc
Danny
Is there any information on *how* the song is used? I know Expelled plagarised a bit of animation in a way that would fail Wikipedia's nonfree content inclusion criteria, it wouldn't surprise me if this was effectively "decrotive" in the cant of the fairuse crowd.
How you're using it is the key to fair use/fair dealings. A movie about the development of musical styles in the 20th century could no doubt use a snippet of Imagine - Expelled might too, given the "no religion" stuff in it, and their discussion of atheism and its promotion a discussion of the emergence of atheism in other parts of society might discuss it in popular music, and lead there. But, if they're just using the musical score, I'm hard pressed to imagine (God fuckin' dammit, a pun) any scenario where they'd be legitimate in a fair use defence.
I wouldn't argue that there aren't a large number of illegitimate claims of fair use on Wikipedia (and falsely licensed copyright violations are probably a worse problem), but a snippet of a song in an article about that song is a pretty clear legitimate case of fair use for teaching/reporting purposes, and maybe talking about an artist, discussing his style, et cetera.
Without seeing the movie, it's hard to know for sure whether their use is legitimate, but I suspect its not. Expelled is, in all likelihood, going to get nailed to the wall over "The Inner Life of a Cell". This isn't as clear, but I suspect they're hosed here too. Too bad Ben Stein already gave away so much of his money, eh?
Expelled is a documentary. A documentary that embarrasses documentaries everywhere, and has the factual basis of a Mario game, but it fits into that genre because "delusional fantasy masquerading as documentary" is not a recognized genre.
If the Lennon song were used appropriately, then I would be defending its right to fair use (defending free speech to my death etc. etc.) even though I think it's uncut bollocks. (Pardon me, I have been watching Zero Punctuation). But as the other guy stated, I vera much doubt that it was legitimate.
So screw Expelled and whatever fair use rights they claim (unless they're legitimate of course).
"...'delusional fantasy masquerading as documentary' is not a recognized genre."
Unless it were parody, and if it were, Ben Stein has to be the best-disguised troll of recent times (besides Hillary Clinton, if my conspiracy theory is true).
I hated that song. Always thought it was stupid and I NEVER liked anything John Lennon did after he broke with the Beatles. Come to think of it, I was never wild about the Beatles either.
Bit of info:
The song is not just "part of the film's score". From what I gather, after interviewing atheists, Stein states something like, "But this idea isn't new. They're just ripping off an old John Lennon song." And then they play the part of the song, "Imagine there's no heaven" or the "No religion too" with, I think, subtitles highlighting the lyrics over images of where "no religion too" have contradicted "nothing to kill or die for" such as Stalin/Castro/etc.
I haven't seen the movie, but I am pretty sure that this is basically accurate.
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