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Miley Cyrus Challenges Copyright Claims Over “Flowers”

Miley Cyrus is vigorously contesting allegations of copyright infringement related to her popular single “Flowers.” In recent legal filings, Cyrus’ legal team has filed a motion to dismiss the copyright lawsuit that centers on comparisons to Bruno Mars’ 2013 hit “When I Was Your Man.”

According to court documents obtained from November 20, 2023, Cyrus’ attorneys argue that the claims brought forth by Tempo Music Investments, which holds partial rights to Mars’ song, lack standing. They contend that under copyright law, only those with exclusive ownership rights can initiate a lawsuit for infringement. Tempo only possesses a portion of the copyright, having acquired the catalog of co-writer Philip Lawrence, thereby lacking the authority to proceed with the lawsuit.

While Tempo Music seeks to protect its alleged rights, Cyrus’ legal representatives emphasized this crucial distinction. They assert that merely holding partial copyright—without rights to the contributions of the song’s other co-writers—does not suffice for legal action. Analysts suggest that if Cyrus prevails in this motion, it could set a precedent regarding the enforcement of copyright ownership in the music industry.

Tempo Music initially filed the lawsuit on September 16, arguing that the two songs share significant similarities. According to the filing in a Los Angeles court, the plaintiff claimed many listeners noted the parallels upon the release of “Flowers.” The lawsuit posits that “Flowers” could not have been created without drawing inspiration from “When I Was Your Man.” It specifically cited melodic, harmonic, and lyrical correspondences, asserting that these similarities are substantial enough to warrant legal action.

The suit claims, “Flowers duplicates numerous melodic, harmonic, and lyrical elements of Mars’ song,” framing this alleged imitation as unauthorized reproduction. Tempo Music Investments is also pursuing action against other parties involved in the creation of “Flowers,” including songwriters Gregory Hein and Michael Pollack, as well as major industry players like Sony Music Publishing and Apple. Notably, Bruno Mars himself is not listed as a plaintiff in the filing.

Tempo Music asserted that it acquired the copyright interests of “When I Was Your Man” in or around 2020, thus claiming a stake in the infringement allegations. Their detailed complaint highlights the similarity in the vocal arrangements of both songs, noting that the opening vocal line of “Flowers” shares the same chord progression as that found in the verse of Mars’ song.

In light of these claims, Tempo Music has requested that the defendants cease any reproduction, distribution, or public performance of “Flowers” while also seeking unspecified damages for the alleged infringement.

As the legal battle unfolds, responses from representatives for both Cyrus and Mars regarding the latest developments remain pending.

Source
people.com