Green Day has once again been cleared in a lawsuit over their use of a Los Angeles artist's image in a concert backdrop.
The Ninth U.S. Court of Appeals in California made the ruling on Wednesday. They called it a "close and difficult case," but ultimately decided the band's use of Dereck Seltzer's "Scream Icon" during their 2009 tour did not violate the illustrator's rights.
Seltzer originally sued the band in 2011 after rejecting a proposed settlement that included concert tickets.
A federal district judge in Los Angeles ruled that Green Day's version of the artwork was "transformative and not overly commercial," and the Appeals Court agreed.
However, they also ruled that Seltzer's lawsuit was not "objectively unreasonable" and overturned a $201,000 award of attorney's fees to Green Day.
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