ABKCO Music & Records has reached a settlement with Behr Paint over an in Instagram advertisement that allegedly featured an unlicensed version of The Rolling Stones’ 1966 chart-topper “Paint It, Black.”
Lawyers for Behr and ABKCO, which owns The Rolling Stones’ early catalog, filed a joint notice of settlement ending the lawsuit on Monday (May 4). Terms of the resolution were not disclosed, though ABKCO alleged in its complaint last year that synch licenses for “Paint It, Black” typically fetch fees between the hundreds of thousands and millions of dollars.
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A rep for ABKCO declined to comment on the settlement. Reps for Behr did not immediately return a request for comment. The band is not involved in the litigation.
ABKCO sued Behr in November, alleging the paint company didn’t pay to use “Paint It, Black” in a 2022 Instagram ad that showed a person spray-painting furniture. The lawsuit stated that the song, which hit No. 1 on the Billboard Hot 100 in 1966, is “one of the most valuable copyrights in the history of popular music.” Behr broadly denied all wrongdoing in an initial response to the claims.
While Instagram and TikTok have large libraries of pre-cleared music covered by blanket licenses, these free songs are only available for individual users to soundtrack their videos. Corporate accounts are limited to a far more limited commercial music library. If a popular song isn’t included, brands are supposed to buy individual synch licenses directly from rightsholders, just like in TV advertising.
Company accounts don’t always follow these rules — and these days, the music industry is cracking down via the legal system. Labels and publishers have sued companies ranging from Chili’s to Quince for copyright infringement in recent years over missing synch licenses. Like in the “Paint It, Black” case, most of these lawsuits settle relatively quickly and confidentially.
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