Per Rolling Stone, a lawsuit involving the authorship of Post Malone’s 2019 hit “Circles” will move to trial next month. A federal judge recently rejected Post’s motion to dismiss the case. The dismissal was based on his lawyer’s argument that “you don’t become a joint author unless you control the supervision.” District Judge Otis D. Wright, II disagreed with the argument and rejected the dismissal.
Post Malone and “Circles” song producer Frank Dukes are being sued by Canadian musician Tyler Armes. Armes alleges that he contributed a guitar tune to the song’s final composition. Malone and Dukes are arguing that Armes made suggestions, but that his guitar tune was a “commonplace guitar chord progression,” and that the song was made without his help. Judge Wright questioned their argument that only contributors with “veto power” should receive songwriting credits.
Tabatha Fireman/Getty Images
Rolling Stone quoted Wright, “Did Dukes control anything other than the manipulation and operation of the laptop?… So, he then had the ability to simply say that none of this is going to be recorded?” Malone’s lawyer explained that Dukes’ power was contingent on Malone’s consent. “Well, then he’s not in control. If you’re in control, you have veto power,” Wright followed up. Wright then made the decision the move the case to a jury trial to start next month.
Armes initially sued Malone for the “Circles” credit back in April 2020. Malone fought back and sued Armes the same day. Both suits were consolidated, and Armes’ former claim for authorship of the “Circles” recording was dismissed. Now, the courts will determine if Armes will receive a credit for authorship of the composition.