Miley Cyrus Seeks to Dismiss ‘Flowers’ Copyright Lawsuit

Miley Cyrus has filed a motion to dismiss a lawsuit alleging her chart-topping single “Flowers” borrows elements from Bruno Mars’ 2013 hit, “When I Was Your Man.”

The lawsuit, initiated in September by Tempo Music Investments, accuses Cyrus and her co-writers of replicating melodic, harmonic, and lyrical features of Mars’ song without authorization.

Tempo Music’s Claims

Tempo Music, an investment firm that owns a share of the copyright for “When I Was Your Man” via songwriter Philip Lawrence’s catalog, argues that “Flowers” duplicates key musical components. These include the verse’s melodic pitch design, connecting basslines, sections of the chorus, and specific chord progressions.

Tempo asserts that the similarities are undeniable and claims that Cyrus’ hit “would not exist without ‘When I Was Your Man.’”

The lawsuit also highlights the massive success of “Flowers,” released in January 2023 as part of Cyrus’ Endless Summer Vacation album. The track became a global sensation and marked a pivotal moment in her career, earning her Grammy recognition.

Cyrus’ Legal Defense

In a motion filed in California’s Central District Court, Cyrus’ legal team argues that the lawsuit should be dismissed on both technical and substantive grounds.

Represented by attorney Peter Anderson, her team claims that Tempo Music lacks the legal standing to sue. Under the Copyright Act, only a legal or beneficial owner of exclusive copyright rights can pursue infringement claims.

Since Tempo Music only owns Lawrence’s portion of the copyright and not the shares of the song’s other co-writers—Bruno Mars, Ari Levine, and Andrew Wyatt—the lawsuit is deemed invalid.

“That is a fatal and incurable defect in plaintiff’s claim,” the motion states. The filing also emphasizes that even if ownership issues were resolved, the allegedly copied elements—such as chords, pitches, and generic musical ideas—are not protected under copyright law.

“The songwriter defendants categorically deny copying,” the motion states, adding that the two tracks have “striking differences in melody, chords, other musical elements, and words.”

Counter Arguments From Tempo Music

Tempo Music’s attorney, Alex Weingarten, dismissed the dismissal motion as a baseless “technical argument.” He insists that Tempo is a full owner of Lawrence’s rights and not merely an assignee, making the claim valid.

“We’re not an assignee. We’re an owner,” Weingarten told Rolling Stone. He further accused Cyrus’ team of using delay tactics to avoid addressing the core issue of copyright infringement.

Britney Spears Promises To Go Slow On Recovery To Get Back Her “Confidence”

View Story

The Broader Context

“When I Was Your Man,” released in 2013 as part of Bruno Mars’ Unorthodox Jukebox album, was co-written by Mars, Lawrence, Levine, and Wyatt. A decade later, Cyrus’ “Flowers” was released on almost the same date, sparking discussions about its lyrical parallels with Mars’ song.

Despite the lawsuit, Cyrus and her co-writers, Gregory Hein and Michael Pollack, maintain that the similarities are coincidental and reflect common musical building blocks that cannot be copyrighted.

The lawsuit also names major distributors like Apple, Walmart, Target, and Sony Music Publishing as co-defendants. While a hearing date has not yet been set, the case continues to spark debates about the boundaries of copyright protection in music.

This high-profile dispute underscores the challenges of navigating intellectual property in the music industry. While both sides present compelling arguments, the outcome of the case will likely depend on the interpretation of ownership rights and the extent to which musical similarities constitute infringement.

Be sure to catch up on everything happening with Miley Cyrus right now. Come back here often for all Miley Cyrus spoilers, news, and updates.

Editorial credit: Kathy Hutchins / Shutterstock.com