Blind Melon settles “Insane” suit against Mandy Jiroux

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Written by Brian McBrearty

February 10, 2017

It was never about plagiarism, but it was about copyright infringement. And this case might’ve been interesting, but alas it never got there. And now it appears to be settled.

It was never interesting because it never ventured into the exploration of the concepts of “derivative work” versus other sorts of transformative works. And as a forensic musicologist, anything having to do with the music would’ve been more interesting. But while it was a high profile copyright case in 2016, musicology had little role in this one.

Evidently the actual arguments centered around whether or not Mandy Jiroux had permission to quote whole sections of Blind Melon’s 1993 hit song, “No Rain,” in Jiroux’s work, “Insane.” Blind Melon evidently remembers it being discussed, but remembers saying, “No.” And would you believe, Jiroux remembers it the other way!

And we will just have to guess.

 

Brian McBrearty

Brian McBrearty is a forensic musicologist and music copyright expert witness. He provides clearance opinions, expert reports, and expert witness testimony in music copyright matters. His analysis has been cited in the Pepperdine Law Review, on NPR's All Things Considered, and by Reuters, BBC, and Courthouse News. He is the founder of Musicologize.