A music publisher that owns the Rolling Stones’ early catalog is suing paint maker Behr Paint in Los Angeles for allegedly using the 1966 Stones classic “Paint It, Black” in an Instagram ad without first obtaining a license, according to court papers obtained Thursday.
ABKCO Records contends in the lawsuit for violation of copyright that Behr, “without ABKCO’s authorization, without compensating ABKCO and for its sole commercial benefit” used the song on Behr’s official Instagram account.
The online ad shows a house being painted while the song plays.
“Behr is a sophisticated, multibillion-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,”’ according to the suit filed Wednesday in Los Angeles federal court.
A representative for Santa Ana-based Behr could not immediately be reached for comment.
ABKCO was founded by the late former Stones and Beatles business manager Allen Klein, and is known for aggressively defending its copyrights in court. It is seeking unspecified damages for the alleged “Paint It, Black” violation.
New York-based ABKCO owns the rights to the Rolling Stones’ recordings from the 1960s.
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