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"Green Day have been cleared for using an image during their 2009 tour that closely resembled work by illustrator Dereck Seltzer. The artist designed &amp;#039;Scream Icon&amp;#039; - described as an &amp;quot;anguished, contorted face&amp;quot; - back in 2003, and the image has since appeared on posters and street art throughout Los Angeles.  The piece specifically features on a brick wall on LA&amp;#039;s Sunset Boulevard, where Green Day adapted the scene for a video backdrop as part of their live show. The image was displayed during their rendition of &amp;#039;East Jesus Nowhere&amp;#039; and the group made slight changes to the original, by mainly covering it with a spray-painted red cross. However, Circuit Judge Diarmuid O&amp;#039;Scannlain has rejected Seltzer&amp;#039;s claims that Green Day had used his artwork without his permission, reports Reuters.  &amp;quot;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,&amp;quot; O&amp;#039;Scannlain wrote. The judge acknowledged that Green Day&amp;#039;s use of &amp;#039;Scream Icon&amp;#039; was fair, and was &amp;quot;transformative and not overly commercial&amp;quot;. The band did not include the artwork on any of their merchandise or promotional material, which worked in their favour. The 9th Circuit did overturn a $201,000 payment of attorney&amp;#039;s fees to Green Day. They stated that, even though Seltzer lost, he had not been &amp;quot;objectively unreasonable&amp;quot; by suing. Watch Green Day perform &amp;#039;East Jesus Nowhere&amp;#039; live below:      "^^<http://www.w3.org/2001/XMLSchema#string>
<http://www.digitalspy.com/music/news/a505119/green-day-win-artwork-rights-lawsuit-a-close-and-difficult-case/>