Toni Basil is so not so fine with JibJab using the video for her signature song “Mickey” for one of its e-cards — and she’s suing-mad over it, claiming that she’s “experienced sleep deprivation, nightmares and anxiety” as a result.
In a lawsuit filed last week in federal court in California, Basil — real name Antonia Basilotta — says that, in February, JibJab “knowingly and willfully launched an e-card featuring Plaintiff’s Mickey Music Video copyright (‘Mickey e-card’), which featured the unauthorized use of Plaintiff’s copyright, voice, image, name, persona, and likeness.”
Moreover, the suit alleges, JibJab used that e-card to promote its other products and subscription services.
“JibJab never sought or obtained consent from Plaintiff prior to the infringing acts for the use of her copyright in connection with Defendant’s products and/or services or the promotion thereof, or authorized JibJab to create or enable its customers to create derivatives of Plaintiff’s copyright,” the suit reads.
According to the suit, the situation has not only caused Basil to become withdrawn, but also ” despondent and physically ill. She has experienced sleep deprivation, nightmares, and anxiety.”
Alleging copyright infringement and other counts, the suit wants an injunction preventing JibJab from using “Mickey,” along with unspecified damages.
In a statement to TheWrap, JibJab CEO Gregg Spindellis said, “JibJab licenses tons of music videos, and we obtained a license for this video as well. As soon as we learned that Toni Basil was in a separate, ongoing dispute over those rights, we honored her request to take down the video. We’ll see how her other dispute plays out, and we’ll address her allegations in court.”
Pamela Chelin contributed to this report.