Green Day Win Lawsuit Over Artwork Rights

artist: green day date: 08/08/2013 category: general music news
I like this
1912
voted: 31
Green Day Win Lawsuit Over Artwork Rights
Green Day have been cleared of violating an artist's rights by a Californian court, Reuters reports (via NME). Los Angeles illustrator Dereck Seltzer designed the image "Scream Icon," which features an "anguished, contorted face" in 2003. It has appeared on posters and street art, including on a brick wall on LA's Sunset Boulevard, from where Green Day adapted the image for use in a video backdrop during their 2009 tour. Using the artwork during the song "East Jesus Nowhere," the band made few changes to the image, save for covering it with a red spray-painted cross. Despite this, the ninth US Circuit Court Of Appeals In California rejected Seltzer's claims that the punk rock band had used his artwork without his permission. Calling it a "close and difficult case," Circuit Judge Diarmuid O'Scannlain said their use of the image was "transformative and not overly commercial." "With the spray-painted cross, in the context of a song about the hypocrisy of religion, surrounded by religious iconography, [the] video backdrop using Scream Icon conveys new information, new aesthetics, new insights and understandings that are plainly distinct from those of the original piece," he wrote of his decision. The fact that the image was not present in any of Green Day's merchandise or promotional material and Seltzer's own testimony that the value of his work was not affected weighed in the band's favour, according to O'Scannlain. The decision could now make it easier for performers to incorporate artwork into their live shows, provided artwork is not copied or has its value diminished.
More green day news:
+ Green Day to Issue 18 Demo Tracks for Record Store Day Upcoming Releases 02/25/2014
+ Green Day to Take a 'Break' Following Australian Tour Dates General Music News 12/03/2013
+ Green Day's Billie Joe Armstrong to Star in Indie Film Opposite 'Gossip Girl''s Leighton Meester Entertainment 09/20/2013
+ Green Day Bassist Talks Future: 'It's Important to Make More Records' General Music News 09/16/2013
+ Green Day's 'Idiot' Doc Heading to Theaters Entertainment 08/23/2013
+ Green Day Play 1994 Album 'Dookie' in Full at Reading & Leeds Warm-Up Gig General Music News 08/22/2013
+ view all
Comments
Your captcha is incorrect