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NEWS : Tyler Armes v. Post Malone – Court GRANTS in part and DENIES in part Motion to Dismiss

NEWS :

Tyler Armes v. Post Malone

Judge Dismisses Copyright Case in Part, Allows it to Continue in Part

Central District of California.  Judge Otis D. Wright found that plaintiff Tyler Armes (part of Murda Beatz’ Murda Gang) has sufficiently set forth a case for copyright infringement against Post Malone regarding the song “Circles.”  This case is at the preliminary stage, and the Judge’s ruling does not indicate that he (and/or a jury) will ultimately find copyright infringement, just that there is enough alleged to allow it to proceed.

The Court found that Armes could proceed with his copyright infringement claim regarding the Composition of Circles, but had not met his burden in regard to his claim of copyright infringement as to the Sound Recording.  A song’s composition generally refers to the written music (the notes, melodies, and lyrics), and a sound recording refers to the recorded music.

The Court found that Armes had sufficiently set forth a case in connection with the Composition with allegations that he had been invited to collaborate with Post Malone and producer Frank Dukes, that they all shared an intent to be co-authors of the work, and that the audience appeal turned on his contributions to the work.  In regard to the Sound Recording, the Court found that Armes did not sufficiently allege that he was a co-author as he failed to allege that he superintended control over its creation, and he failed to allege that his contributions were independently copyrightable.

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