Is Fair Use decided by who has the most money? | The Industry Standard

Is Fair Use decided by who has the most money? | The Industry Standard:

"Anthony Falzone, Executive Director of the Fair Use Project, was involved in the defense of the suit brought by Yoko Ono and EMI Records over the use of John Lennon's Imagine in Ben Stein's documentary film Expelled: No Intelligence Allowed. As a result of his involvement in the suit, defending the filmmakers pro bono alongside the producers' lawyers, he came to a frightening conclusion: fair use is guaranteed under the Constitution, but it's becoming too expensive to actually take advantage of what is supposed to be a guaranteed right.

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