Tuesday, August 23, 2011 3:32am ET by  
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Green Day win court battle over unauthorised use of artist's work

Rockers Green Day have defeated a potential lawsuit in which an artist named Derek Seltzer attempted to sue them for unauthorised use of his artwork on their 2009 tour. 

The band used Seltzer's copyrighted work, Scream Icon, for their 'East Jesus Nowhere' music video, but had altered it to suit their own image and the artist took the case to court. 

Speaking at the testimony, Seltzer defended his case and said:

"[Green Day] tainted the original message of the image and made it now synonymous with lyrics, a video, and concert tour that it was not originally intended to be used with."

"I make an image, I produce it, I tailor it to my needs, the concept, the content, and then someone comes along, defaces the image, puts a red cross on it. I mean, maliciously devalues the original intent and then shows it to thousands upon thousands of people."

Unfortunately for Seltzer, on Thursday, August 18 judge Philip Gutierrez dismissed the case entirely, concluding:

"The different visual elements Staub added, including graffiti, a brick backdrop, and (especially) the large red cross over the image, considered in connection with the music and lyrics of East Jesus Nowhere, 'add something new, with a further purpose or different character' than Plaintiff’s original work."

Watch the offending live footage style video below: