Yoko Ono Loses Effort to Block Film

** FILE ** In this Dec. 9, 2002 file photo, Yoko Ono smiles in front of a famous photo of her and her husband, the late John Lennon, during a news conference in Saitama, Japan. Ono is suing the producers of a movie that challenges the concept of Darwinian evolution, saying they used the song "Imagine" without her permission and led the blogosphere to accuse her of "selling out." (AP Photo/Itsuo Inouye, FILE)
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New York (AP) Yoko Ono has lost a legal effort to stop the playing of a 15-second excerpt of John Lennon's song “Imagine” in a film challenging the theory of evolution.

Ono and Lennon's sons, Sean and Julian, say the makers of “Expelled: No Intelligence Allowed,” used the song without permission.

Ono had sought a preliminary injunction against the filmmakers. The federal judge who rejected her request says she is likely to lose the case in court because of the fair use doctrine.

The lawyer for the defendants says Ono and Lennon's sons “were literally asking the judge to censor the film.”

Ono says she will appeal the decision.

The movie, which opened in the U.S. in April, presents a sympathetic view of intelligent design, the theory that the universe is too complex to be explained by evolution alone.