Canadian Musician's Case Against Post Malone Going To Trial

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Tyler Armes of Canadian rock band Down with Webster, who is suing Post Malone over the 2019 hit “Circles,” will have his day in court.

U.S. District Judge Otis D. Wright on Monday refused Malone’s motion to dismiss the lawsuit and said the case is scheduled to proceed to trial on May 17.

Armes filed a claim in 2020 against Malone, whose real name is Austin Post, and Canadian producer Frank Dukes, whose real name is Adam Feeney seeking songwriter and producer credits as well as his share of royalties from “Circles.”

Malone countered with a lawsuit against Armes, claiming he was not entitled to have his name on the song. The rapper claimed he, Dukes and three other songwriters – Billy Walsh, Kaan Gunesberk, and Louis Bell – worked on “Circles” in follow-up sessions that “Armes did not participate in, and was not even present for.”

A lawyer representing Malone acknowledged that Armes was part of a jam session on Aug. 8, 2018 at which there was a rough mix of “Circles” but he only offered “suggestions.” Armes’ lawyer argued he contributed “indispensable elements” to the track’s bass line, guitar melody and chord progression – including where the F major chord changed to an F minor chord.

Judge Wright said there is “a fundamental difference in what the facts are” and said a jury should sort it out.

Armes has released five albums as part of Down with Webster.

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