This is precisely what I expected once I read the facts.
What the band Green Day did at one of its shows (and at the MTV Music Awards) did indeed constitute fair use. So it properly obtained summary judgment.
But the issue wasn't crystal clear. So it was error for the district court to award Green Day over $200,000 in attorney's fees.
Appellant accordingly loses the merits but obtains a reversal of the fee award.
Seems exactly right.
