A Judge is expected to decide by the end of the week whether John Lennon’s ‘Imagine’ should be removed from a film that challenges the theory of evolution.
Yoko Ono, the widow of the former Beatle, and his two sons have sued the makers of Expelled: 'No Intelligence Allowed’ for using the song without permission.
The film opened in the US in April and is expected to be released on DVD this October.
Although the filmmakers have acknowledged that they did not ask for permission to use the song they claim that the 20 second clip is protected by the fair use doctrine.
The doctrine allows copyrighted materials to be used for the purpose of commentary, reports the Associated Press.
Ono’s lawsuit seeks unspecified damages, as well as a ban on any further use of the song.
You can keep up to date with all the latest news from Gigwise by following us on Twitter and liking us on Facebook.

Lana Del Rey Beats Paul McCartney To Stay At Number One On UK Album Chart
Jennifer Hudson Performs Whitney Houston Tribute At Grammy Awards - Video
Rihanna And Coldplay Duet At Grammy Awards 2012 - Video
Whitney Houston's Daughter Rushed To Hospital Following Singer's Death
Paul McCartney: I Often Think 'Was I Really In The Beatles?' Bloody Hell
Abbey Road Studios Set To Open To The Public
Grammy Awards 2012: Fashion Hits And Misses
From Whitney Houston to Michael Jackson: Grammy Awards Most Memorable Moments Ever
Grammy Awards 2012: Photos From The Red Carpet 
~ by 1 5/22/2008 Report