Lil Peep and XXXTentacion posthumous song 'Falling Down' lawsuit explained

22 September 2021, 15:37

The late rappers' are being sued by Richard Jaden Hoff for copyright infringement over their 2018 hit 'Falling Down'.

Lil Peep and XXXTentacion's 2018 joint song 'Falling Down' is in trouble. The late artists' are being sued by by a singer-songwriter who claims the they copied his song.

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Richard Jaden Hoff, also known as K.R.I.O., filed a copyright infringement lawsuit against the late rappers.

Here's everything we know about the case.

  1. What is the lawsuit against Lil Peep and XXXTentacion?

    Richard Jaden Hoff, aka K.R.I.O., filed a copyright infringement lawsuit against Lil Peep and XXXTentaction.

    According to TMZ, Hoff is claiming that a guitar riff from his song "Under My Breath" was sampled by production team Invisible Men or IIVI.

    Lil Peep passed away from an accidental drug overdose on November 15, 2017
    Lil Peep passed away from an accidental drug overdose on November 15, 2017. Picture: Getty

    The team of producers include Jason Pebworth, George Astasio and Jon Shave, as well as Mike WiLL Made-It and John Cunningham.

    The producers are all named as contributors to the track "Falling Down."

    Cunningham was XXXTentacion's close friend and longtime producer.

    XXXTentacion was murdered in a robbery on June 18, 2018.
    XXXTentacion was murdered in a robbery on June 18, 2018. Picture: Getty

    In the lawsuit, Hoff claims that he posted his song "Under My Breath" on SoundCloud on June 13, 2018, then he discovered "Falling Down" was released on Sept.19, 2018.

    He claims he noticed that the song sampled the guitar riff on his track.

    He claims his guitar riff was sped up, filtered, looped and equalized, in order to make it slightly different.

    However, he claims the riff still sounds similar despite the audio being altered.

    In the lawsuit, Hoff is being represented by W. Christian Krankemann of Krankemann Law offices.

    The lawsuit states that "Falling Down" was a commercial success gaining 21 million views on YouTube and 20 million plays on Spotify. The song also made top 20 on the Billboard Hot 100 chart.

    Lil Peep also put the track on his second studio album, Come Over When You're Sober, Pt. 2. The single also reached gold status in November of 2018.

    In the lawsuit document obtained by XXL, Hoff claims defendants (Lil Peep and XXXTentacion) are receiving royalties for the song without contacting him.

    Ultimately, Hoff is seeking an injunction on the song and monetary damages for the infringement as permitted by law.

    He also is requesting for the defendants to cover his legal fees.

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