Post Malone has insisted that a songwriter suing him for “Circles” had nothing “original” to add to the 2019 hit.
The 26-year-old star, his producer Frank Dukes and Universal Music Group were sued by Tyler Armes in April 2020, who sought royalties and other monies owed to the track, as well as co-writer and co-producer credits on the song, and on the same day, the ‘Rockstar’ hitmaker filed a lawsuit asking a judge to rule that the man had no copyright to the song and was not involved in its writing.
And now, in a new court filing, Post – whose real name is Austin Post – has insisted that Tyler didn’t bring anything “original” to the song, just “a guitar chord progression admittedly.” extremely mundane”, and potentially a “fragment of a guitar melody which Armes claims to have sung to Post”.
New court documents obtained by Rolling Stone magazine read: “Armes admitted that his contributions did not even meet the standard of originality, which is also required in addition to the fixation requirement. Either he admitted that his ideas were banal musical devices, or he failed to meet his burden of demonstrating any originality otherwise. Armes therefore cannot even establish the threshold requirement that he made a copyrightable contribution.
“Armes has not a shred of affirmative evidence with which to discharge his burden of proof that his alleged contribution to the guitar melody is original.”
Post is asking that Tyler’s lawsuit be dismissed and the judge find that the writer is “not a co-author” of the track.
A lawyer acting on behalf of Tyler – who claimed he was initially offered 5% of the song’s royalties, but that was taken away entirely when he tried to negotiate a larger share – accused Post of having makes a “desperate” offer to avoid a trial.
Allison Hart said: “We believe the motion for summary judgment is a desperate attempt by Post Malone and Frank Dukes to try to avoid a trial in this action. We are confident that we will succeed in defeating the motion and we look forward to appearing before a jury. »