2013) is a copyright lawsuit where the court determined if Green Day's unauthorized use of the Scream Icon illustration in the video backdrop of a stage show was fair use.

One of the songs titled "East Jesus Nowhere" Staub used the photograph of the brick wall with a weathered Scream Icon image with a red cross over it and a change in contrast and color.

The backdrop was used in 70 Green Day concerts from July 3, 2009, through November 12, 2009 and their performance at the MTV Video Music Awards on September 13, 2009.

[2] Seltzer became aware that Green Day was using his art at their concerts without authorization and emailed the band on September 24, 2009 to work out a resolution.

There was no resolution, so Seltzer filed for copyright of the Scream Icon on November 19, 2009 and his attorney sent Green Day a cease and desist, which they complied with.

The district court found Seltzer's claims unreasonable and granted the summary judgement awarding Green Day $201,012.50.

§ 107: For the first factor, the Court argues that Green Day's use of Scream Icon is transformative, using the original as raw material for constructing the backdrop.