ABKCO Sues Paint Company Over Instagram Ad Featuring Rolling Stones’ ‘Paint It, Black’

ABKCO, a music company that owns The Rolling Stones‘ early catalog, has brought a lawsuit against Behr Paint over an Instagram advertisement that allegedly used an unlicensed version of the band’s “Paint It, Black,” which ABKCO calls “one of the most valuable copyrights in the history of popular music.”

The copyright infringement case, filed on Wednesday (Nov. 12) in federal court, centers on a 2022 Instagram ad for Behr that showed a person spray-painting furniture while “Paint It, Black” played in the background. ABKCO claims Behr didn’t pay for the track.  

While individual social media users can soundtrack their videos for free with songs covered by blanket licenses, companies are required to buy so-called sync licenses for music in commercial advertisements. ABKCO’s lawsuit says it regularly sells sync licenses for “Paint It, Black” — and collects fees ranging from the hundreds of thousands to millions of dollars for the song, which hit No. 1 on the Billboard Hot 100 in 1966.

“Behr’s commercial use of the ABKCO recording has forced a business association upon ABKCO that has harmed its ability to license the ABKCO recording to Behr’s competitors that would pay for the use of the ABKCO recording,” writes lawyer Benjamin Akley of Pryor Cashman. “Clearly, the ABKCO recording is not only iconic, it has unique and particular value to a paint company seeking to promote its paint products.”

According to the lawsuit, ABKCO didn’t learn about the 2022 ad until this past summer. ABKCO’s attorneys allegedly notified Behr, leading the paint company to take down the video, though the company “was unwilling to engage in further dialogue concerning its unauthorized use,” the lawsuit claims.

ABKCO claims Behr is a “sophisticated, multi-billion-dollar corporation” that knows the rules around sync licenses, yet it “inexplicably” chose not to follow those rules here. Now, the lawsuit is seeking financial penalties for Behr’s alleged copyright infringement.

“As a result of the aforementioned acts of infringement, ABKCO has suffered significant damages,” reads the complaint.

Reps for Behr did not immediately return a request for comment on the lawsuit on Thursday (Nov. 13).