Fair Use? - 'Imagine' Suit Over Documentary

John Lennon's heirs - Sean, Julian, and Yoko Ono - and his publisher (EMI Blackwood) brought suit in the S.D.N.Y. against the filmmakers behind "Expelled: No Intelligence Allowed" for using John Lennon's "Imagine" in the film without authorization. Plaintiffs seek an injunction and damages.

In response to the suit, defendants cited fair use. "We are disappointed therefore that Yoko Ono and others have decided to challenge our free speech right to comment on the song 'Imagine' in our documentary film," they said in a statement.

Readers: any thoughts on fair use?

[Details on case to follow when available...]