Legal Opinion
Dereck Seltzer v. Green Day, Inc.
Court of Appeals for the Ninth Circuit
Decided August 7, 2013No. 11-56573, 11-57160PublishedCited by 38 opinions
1Opinion of the Court
OPINION
O’SCANNLAIN, Circuit Judge:
We must decide whether a rock band’s unauthorized use of an artist’s illustration in the video backdrop of its stage show was a “fair use” under copyright law.
I
A
Plaintiff Derek Seltzer is an artist and illustrator. In 2003, he created Scream Icon, a drawing of a screaming, contorted face. Seltzer made copies of Scream Icon, including large posters and smaller prints with adhesive backs, which he has sold and given away. See Appendix A. Many Scream Icon posters have been plastered on walls as street art in Los Angeles and elsewhere. Since then, Seltzer has…
2Cases cited21 opinions
- Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- Campbell v. Acuff-Rose Music, Inc.Supreme Court of the United States · 1994
16 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Glacier Films (Usa), Inc. v. Andrey TurchinCourt of Appeals for the Ninth Circuit · 2018
- Oracle America, Inc. v. Google Inc.Court of Appeals for the Federal Circuit · 2014
- Ventura Content v. MotherlessCourt of Appeals for the Ninth Circuit · 2018
- Shame on You Productions v. Elizabeth BanksCourt of Appeals for the Ninth Circuit · 2018
- Vmg Salsoul, LLC v. Madonna CicconeCourt of Appeals for the Ninth Circuit · 2016
33 more not listed; retrieve them via the Exa API.