Ice Spice, Producer Hit With Copyright Suit Over ‘In Ha Mood’

Isis Naija Gaston, also known as Ice Spice, has been accused of copying a song in order to produce her single “In Ha Mood.”

Duval Chamberlain and Kenley Carmenate, known as D.Chamberz and Kass the Producer, say they created “In That Mood” and first performed it in August 2021, 18 months before Ice Spice debuted her single, produced by Ephrem Lopez, Jr., also known as Riot, in January 2023. The complaint filed in the US District Court for the Eastern District of New York alleges that “non-expert listeners have independently pointed out that” the two songs “clearly employ numerous noticeably similar composition elements and lyrics, which result in a sound and feel that are very much alike.”

The plaintiffs say that the Ice Spice song has similar use and placement of hooks and choruses to their song, as well as an almost identical tempo, and a similar rhythm. The lawsuit also names Riot, Universal Music Group, 10K Projects, Capitol Music Group, and Dolo Entertainment Inc. as defendants.

The plaintiffs allege that per a video posted to Instagram, Riot was listening to an Ice Spice song on a radio station minutes before “In That Mood” played on the same station. Based on the video, and the fact the plaintiffs’ song “received significant airplay on several prominent radio stations” in the New York area from August 2021 to December 2022, the plaintiffs allege “it is probable – or, at the very least, reasonable possible” that the defendants knew about “In That Mood” before the creation of “In Ha Mood.”

The plaintiffs sent a notice and demand letter on July 10, 2023. The complaint says though attorneys for Ice Spice and Riot responded to the letter, they didn’t provide an accounting of revenues, or payment of royalties as requested.

The complaint asserts common law and statutory copyright infringement claims, as well as a vicarious copyright infringement claim and an unjust enrichment claim. The plaintiffs seek damages, punitive damages, no less than 50% of revenues from the Ice Spice song and “a complete accounting” of financial records related to “In Ha Mood.” Regarding revenues from the Ice Spice song, the complaint also asks for imposition of a constructive trust.

Ice Spice, Riot, Universal Music Group and 10K Projects didn’t immediately respond to a request for comment. Dolo couldn’t be reached for comment.

Judge Allyne R. Ross is assigned the case.

McLaughlin & Stern LLP represents the musicians.

The case is Chamberlain v. Dolo Entm’t. Inc, E.D.N.Y., No. 1:24-cv-00349, complaint 1/17/24.