NEW YORK (AP)  A judge has promised a fast decision in a lawsuit brought by Yoko Ono to get the song Imagine taken out of a movie challenging the concept of Darwinian evolution. A lawyer for the movie's distributors has warned that the litigation could wreck the movie's political message by preventing it from impacting viewers in the lead-up to the U.S. presidential campaign. The movie, Expelled: No Intelligence Allowed, features Ben Stein challenging Darwinian theories and suggesting life could have originated through intelligent design. About 20 to 30 seconds of the song are played in the movie. Ono has accused the movie's producers of infringing the song's copyrights by using it without her permission, giving the impression that the Lennon family had authorized it. Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Guidelines: You share in the USA TODAY community, so please keep your comments smart and civil. Don't attack other readers personally, and keep your language decent. Use the "Report Abuse" button to make a difference. You share in the USA TODAY community, so please keep your comments smart and civil. Don't attack other readers personally, and keep your language decent. Use the "Report Abuse" button to make a difference. Read more
''Expelled: No Intelligence Allowed''

A New York Judge ruled to continue an injunction against Premise Media, which effectively prevents Premise, the producers of ''Expelled: No Intelligence Allowed'', from further distribution. ''Expelled'' is a film about intelligent design and creationism starring Ben Stein, and is currently playing at 200 U.S. theaters. Since its April 18 debut it has received criticism from the scientific community, which considers both pseudoscience, and film critics. 

The case ''Lennon v Premise Media'' was filed by Yoko Ono, Julian Lennon, Sean Lennon, and EMI Blackwood Music, Inc. against Premise Media, C&S Production, and Rocky Mountain Pictures in United States District Court for the Southern District of New York on April 23, 2008 alleging copyright infringement concerning John Lennon's song "Imagine". Premise is being represented by Anthony Falzone of the Fair Use Project.

EMI filed its own separate lawsuit against Premise in a New York state court alleging that Premise's usage of the song is harming EMI’s ability to license “Imagine,” which has only been licensed in one film (The Killing Fields).

In court, Judge Richard Lowe, according to the Wall Street Journal, "seemed skeptical" about Falzone's arguments. Lowe asked Falzone why the film's producers did not read the lyrics to the song or flash the lyrics on the screen. Lawyers also pointed out that Premise Media licensed all other music in the film except for Lennon's song. At the end of the hearing Lowe "decided to stay the original TRO pending his ruling, which means that ''Expelled'', currently playing in theaters around the country, cannot be reproduced or otherwise distributed."

The judge promised a quick decision since the film will debut in Canada on June 6 and DVD rights must be finalized by the end of May for October distribution.