NEW YORK —  Yoko Ono has lost her Manhattan legal battle to block the use of John Lennon's song "Imagine" in a film challenging the theory of evolution.

Lennon's widow had sued the makers of "Expelled: No Intelligence Allowed," saying they used parts of the song without her permission.

In a decision Monday, federal Judge Sidney Stein says the filmmakers are protected under the "fair use" doctrine. That permits small parts of a copyrighted work to be used without an author's permission under certain circumstances.

The movie opened on U.S. screens in April; it's set for release in Canada on Friday and on DVD in October.

It presents a sympathetic view of intelligent design, the theory that the universe is too complex to be explained by evolution alone.

Ono's attorney did not immediately return a call for comment.