In a 2022 Instagram reel, Behr used the Rolling Stones song “Paint It Black” over video of someone painting a coffee and wine bar in the titular color.
Record label ABKCO became aware of the use this June and approached Behr. After negotiations broke down, ABKCO filed suit this month.
“Because of Behr’s decision not to request and obtain the necessary license, this commercial brand association has been forced on ABKCO and the artists without any consideration or compensation,” ABKCO attorney William Pittenger said in a statement.
We’re sure Behr didn’t mean any harm. With popular songs available on TikTok and Instagram, it seems like free use.
But commercial usage is a whole different disc of wax. If you are considering putting a popular song on a promotional post, you should consult your attorney before an innocent social media post lands you in legal jeopardy.
When it comes to Mick Jagger and Co., you can’t always get what you want. We hope Behr and The Rolling Stones can find satisfaction soon, because legal cases like this are a real beast of burden, like being dragged through dead flowers by angry horses.