Music Catalog Owners Prevail in Copyright Lawsuit Over Rock Documentaries

Court rules fair use does not cover unauthorized use of songs in films

Published on Feb. 9, 2026

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In a victory for music rights holders, a federal judge in New York ruled that filmmaker Robert Carruthers and his company Coda Publishing infringed on the copyrights of songs owned by ABKCO and Universal Music Group (UMG) that were used without permission in a series of classic rock documentaries. The judge rejected Carruthers' fair use defense, stating that simply including critical commentary does not transform the unlicensed use of the copyrighted songs.

Why it matters

This case provides important clarity on the limits of the fair use doctrine, which has become a key issue in the copyright landscape as AI companies argue that training models on existing works constitutes fair use. The ruling affirms that fair use has boundaries and cannot be used as a 'cloak' to infringe on copyrights, protecting the rights of artists, songwriters, and catalog owners.

The details

The lawsuit, filed in 2020, alleged that Carruthers' documentaries on The Rolling Stones, ABBA, U2, Elton John, Lynyrd Skynyrd, Nirvana and the Red Hot Chili Peppers used 80 songs owned by ABKCO and UMG without proper licensing. While Carruthers argued the critical commentary in the films rendered them fair use, the judge disagreed, stating that simply juxtaposing 'hot takes' with the copyrighted songs did not transform the works. The judge found willful infringement on all but one of the songs, a cover of Stevie Wonder's 'Higher Ground' by the Red Hot Chili Peppers.

  • The lawsuit was filed in 2020.
  • On February 4, 2026, a New York federal judge ruled in favor of ABKCO and UMG.

The players

ABKCO

A company that owns the music catalog for The Rolling Stones and other artists.

Universal Music Group (UMG)

A major record label that controls the rights to music by artists like ABBA, U2, Elton John, Lynyrd Skynyrd, Nirvana and the Red Hot Chili Peppers.

Robert Carruthers

A filmmaker who produced a series of classic rock documentaries that used copyrighted songs without permission.

Coda Publishing

Carruthers' production company that was also named in the lawsuit.

Judge Katherine Polk Failla

The federal judge who ruled in favor of ABKCO and UMG, rejecting Carruthers' fair use defense.

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What they’re saying

“We applaud the court's finding of willful copyright infringement by Coda and the individuals involved in exploiting the unauthorized 'documentary' films. The decision further clarifies the limits of 'fair use' and protects artists, songwriters and copyright holders from those who would attempt to use 'fair use' as a cloak for their infringing acts.”

— William A. Pittenger, ABKCO General Counsel (Billboard)

What’s next

The case will now move to the damages phase, where the court will determine the financial penalties owed to ABKCO and UMG for the willful copyright infringement.

The takeaway

This ruling underscores the importance of respecting copyrights, even in the context of creative works like documentaries. It serves as a warning to those who may try to use 'fair use' as a loophole to avoid properly licensing music, and highlights the need for creators to obtain the necessary permissions when using copyrighted material.