Fair Use Of Artist's Work In Music Video

Scream Icon is a drawing by Derek Seltzer (mercifully, not based on that tedious Scream by Edvard Munch). The artist had sold posters and prints of the work, and plastered versions on walls all over Los Angeles -- including one at the corner of Sunset Boulevard and Gardner Avenue. Green Day, the band, hired Performance Environment Design (PED) to provide lighting, pyrotechnics and video backdrops for a 2009 concert. The video sequences included shots of the wall at Sunset and Gardner, with prominent images of the 'weathered and torn copy of Scream Icon' that Seltzer had posted there, but modified to look as though it had been spray-painted and with changes in colour from the original. Seltzer sued Green Day and its members, the photographer who took the picture used in the video, and PED for copyright infringement and various state law claims.