i was under the impression they release these images for use on fan sites. (Not-for-Profit sites) The use of these images in a template or design for profit is against the copyright. But i may be wrong, just what ive read somewhere around. plus this looks like a background taken straight from one of the backgrounds on the official websites.
ive seen several iphone apps originally selling for 0.99 or so, forced to go free because they used official copyrighted images.