Green Day Copyright Infringement Case: Judge Sides With Band In 'Scream Icon' Suit

Green Day somehow managed to weasel out of paying an artist for using their work during a 2009 tour that made them beaucoup bucks. Honestly, this is kind of sad. Dereck Seltzer, the artist behind the image "Scream Icon," sued Green Day for copyright infringement after they used an augmented version of his work as the video backdrop for their song "East Jesus Nowhere."

According to a federal appeals court judge, the band doesn't owe Seltzer a dime for the use because they spray-painted a cross over the image.

Here's what the two images look like side-by-side.

Via SPIN:

Seltzer "refused a proposed settlement that included concert tickets," which, presumably in Green Day's mind, is better than money. You can't put a price tag on an experience, man!

The judge in the case ruled in favor of the band, noting, "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." Judge Clingtomyyouth also factored in that the image wasn't being sold or used in promotional material.

Guh. This is a band with Broadway musical money, Scrooge McDuckian bank accounts. They couldn't break off a piece for an artist whose work they blatantly used in the process of making even more cash?

Sad times is all I'm sayin'.