In a suit filed Aug. 30 in California, the complaint alleges Mandy Jiroux and others, specifically her manager, Kenneth Komisar, benefitted substantially from selling the song “Insane,” which they knew infringed on Blind Melon’s copyright without permission.
According to the suit, Jiroux and Komisar have publicly stated they were granted permission by Blind Melon to create the track in question as a cover of the original work. Indeed, the artist acknowledged in an August interview with iHeartRadio that “Insane” uses the hook directly, but claimed at that time that she was “the only artist that they’ve ever let use that classic hook.”
Blind Melon acknowledges that this is a “somewhat unique case where substantial and verbatim copying is not disputed,” but that Jiroux and her representatives never received permission to incorporate “No Rain” into her own song. The complaint is based on the premise that a song’s value plummets once it is licensed for a derivative work, and Blind Melon has been careful in protecting “No Rain.”
The complaint claims the defendants initially presented the work as a cover and concealed that it was actually a derivative work which required a different kind of license. As information regarding the real nature of the song became available, Blind Melon became less and less comfortable with the circumstance and claims the defendants were “told they did not have permission … at least three times before the release.” Blind Melon is suing for an injunction against the distribution and promotion of “Insane,” damages for the loss of value to “No Rain” and attorney fees.