By Blake Brittain
(Reuters) -Record label ABKCO Music sued paint maker Behr Paint in California federal court on Wednesday for using the Rolling Stones classic “Paint It, Black” in an Instagram ad without first negotiating a license.
ABKCO told the court that Behr’s inclusion of “Paint It, Black” in a post featuring a picture of a “DIY coffee and wine bar” painted with Behr paint violated the label’s copyright in the song.
Spokespeople for Behr did not immediately respond to a request for comment on Thursday.
“Because of Behr’s decision not to request and obtain the necessary license, this commercial brand association has been forced upon ABKCO and the artists without any consideration or compensation,” ABKCO general counsel William Pittenger said in a statement.
New York-based ABKCO owns the rights to the Rolling Stones’ recordings from the 1960s. The legendary band’s “Paint It, Black” reached number one on the Billboard Top 100 in 1966.
Santa Ana, California-based Behr used the song as a soundtrack for an Instagram post in 2022, which ABKCO said it discovered this June. ABKCO said it notified Behr of the alleged infringement in August, but the paint company was “unwilling to engage in further dialogue concerning its unauthorized use.”
“Behr is a sophisticated, multi-billion-dollar corporation that, upon information and belief, routinely licenses recorded music for its commercials, yet it inexplicably chose in this case not to seek a license for ‘Paint It, Black,'” ABKCO said in the complaint.
ABKCO asked the court for an unspecified amount of monetary damages.
The case is ABKCO Music & Records v. Behr Paint Co, U.S. District Court for the Central District of California, No. 8:25-cv-02530.
For ABKCO: Benjamin Akley of Pryor Cashman
For Behr: attorney information not yet available
(Reporting by Blake Brittain in Washington)
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