By Eriq Gardner
Imagine going to a concert of one of the world's biggest rock bands and seeing a giant reproduction of your art on stage. L.A.-based artist Dereck Seltzer says in a new lawsuit that it happened to him.
"Green Day chose my original artwork as the backdrop for all of their promotional materials and concert performances with absolutely no consideration for 'Scream Icon's' copyright," he says in a complaint filed in federal court in Los Angeles. "They added the cross, but my artwork was clearly and deliberately used. Even after I complained, they continued to use it, offering me concert tickets in settlement."
Selzer's suit against the band, its members, Warner Bros. Records, and various other parties alleges copyright infringement, trademark infringement, unfair competition, and injury to his business reputation.
Here is a side-by-side comparison of Seltzer's 'Scream Icon' (left) and the backdrop for Green Day's recent tour (right).
What do you think?
Seltzer is seeking up to $30,000, or $150,000 (if the infringement is found to be willful) for each copyrighted work infringed. According to the complaint, filed by Todd Bonder at Rosenfeld Meyer & Susman, the art was reproduced on stage as well as on Green Day's website and in performances of the song "East Jesus Nowhere" distributed on video, and broadcast on television as part of Green Day's performance at the American Music Awards.