Behr Paint Sued by ABKCO Over Use of Rolling Stones’ ‘Paint It Black’ (EXCLUSIVE)

ABKCO Records, the rights holder for the Rolling Stones' pre-1970 catalog, has initiated a copyright infringement lawsuit in the Central District of California against Behr Paint. The legal filing, first detailed by Variety, alleges that the paint manufacturer unlawfully incorporated the band's 1966 hit "Paint It, Black" into a promotional video without securing a license or providing payment. The complaint asserts that Behr, a multi-billion-dollar entity, reproduced and publicly performed the iconic track to advance its commercial objectives, deliberately sidestepping the established licensing framework that the company is ordinarily expected to follow. ABKCO is now pursuing significant monetary damages as a result.

Although the advertisement was removed from Behr's official Instagram page after being posted, it has persisted online through various unofficial channels. The commercial depicts a home being transformed with a muted grey-green paint while the famous song provides the soundtrack. Notably, one version of the video also includes a brief audio excerpt from Martin Scorsese’s 1989 film "Goodfellas," which itself prominently features "Paint It, Black" in a memorable sequence. This detail suggests the audio may have been lifted directly from the movie, potentially complicating the legal dispute by implicating additional copyrights associated with the film’s audio elements.

William Pittenger, General Counsel for ABKCO, emphasized the seriousness of the infringement, stating, "Commercial uses of this nature are subject to the most rigorous licensing standards and typically command substantial fees. Behr’s decision to proceed without authorization has imposed an unapproved brand association on both ABKCO and the artists, all without any form of compensation." The selection of "Paint It, Black" is particularly noteworthy given its lyrical focus on grief and darkness—a thematic contrast to the uplifting tone generally favored by home improvement advertisers. This mismatch raises questions about the strategic alignment of the song with the brand’s intended message.

ABKCO was founded by the late Allen Klein, a formidable and often contentious manager who worked with both the Rolling Stones and the Beatles during crucial phases of their careers. The company is widely recognized for its assertive protection of intellectual property. A landmark case involved the Verve’s 1997 track "Bittersweet Symphony," which sampled an orchestral version of the Stones’ "The Last Time." Although the Verve believed they had obtained proper clearance, ABKCO successfully argued the license was exceeded, leading to the transfer of all songwriting royalties and publishing rights to Mick Jagger and Keith Richards. In a notable gesture decades later, the Stones members returned these rights to Verve frontman Richard Ashcroft in 2019, enabling him to receive future income from the song.

Legal experts point out that synchronization licenses—necessary for pairing music with visual media like advertisements—are among the most complex and expensive agreements in entertainment law. "When a corporation of Behr’s stature uses a legendary song without permission, it not only constitutes a copyright violation but also undermines the integrity of the entire music licensing ecosystem," notes entertainment attorney Mara Jensen, who is not involved in the case. ABKCO’s legal team includes Benjamin S. Akley and Shamar Toms-Anthony from Pryor Cashman LLP. Requests for comment from Behr have so far gone unanswered.