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“Falling Down,” a XXXTentacion-featuring hit that was included on Lil Peep’s posthumous Come Over When You’re Sober sequel as a bonus track, is now the subject of a lawsuit

The suit, first reported by TMZ, sees plaintiff Richard Jaden Hoff—who previously went by the artist name of Krio—alleging copyright infringement. In court documents viewed by Complex, Hoff points to his three-year-old track “Under My Breath,” specifically a guitar riff he claims to have written and performed. 

The suit names a number of defendants, including Columbia Records and Sony Entertainment Inc. Also named are several producers, Mike Will Made-It among them. In a peculiar move, both Peep and X are also named in the suit. More peculiarly, they are mentioned in the suit using wording that makes little sense for the two late artists. Not mentioned, however, are their respective estates.

As for the timeline here, X was killed just days after the SoundCloud release of Hoff’s song in June 2018. Peep died in November of the previous year. “Falling Down,” meanwhile, was released in September 2018 and is a reworked version of the iLoveMakonnen-assisted “Sunlight on Your Skin.”

The latter (see above) also appears on COWYS Pt. 2 as a bonus track. A third version, this time featuring drums by Travis Barker, arrived in 2019. Neither Makonnen nor Barker are named in the suit, which calls for the awarding of damages and attorney’s fees.

Complex has reached out to a Columbia rep for additional comment and will update this post accordingly.

In May, Peep’s mother Liza Womack opened up in an interview with Pitchfork about her ongoing wrongful death suit. “I want justice for Gus,” she said of her years-long battle.