Los Angeles — Pop star Miley Cyrus is embroiled in a legal battle over her hit song “Flowers,” which is accused of infringing on the copyright of Bruno Mars’ “When I Was Your Man.” The lawsuit was initiated by Tempo Music Investments, which holds rights previously owned by Mars’ co-writer. Despite efforts by Cyrus’ legal team to have the case dismissed, a federal judge in Los Angeles has decided the case will proceed.
Tempo Music Investments, which bought rights from Justin Lawrence, Mars’ co-writer, filed the lawsuit. Cyrus’ attorneys argued that Tempo lacked the legal standing required to sue. However, Judge Dean D. Pregerson dismissed this argument, explaining that Tempo has effectively stepped into Lawrence’s rights, maintaining the ability to sue for infringement.
In his ruling, Judge Pregerson emphasized that accepting Cyrus’ defense would imply a significant shift in copyright law, potentially devaluing joint copyrights. This could discourage co-authorship and collaboration, adverse effects that he noted would counteract legislative intent.
The debate hinges on whether Cyrus’ song borrowed musical elements such as melody, harmony, and bass-line structure from Mars’ track without proper authorization. Tempo asserts that these components are integral to “When I Was Your Man,” and by extension, make “Flowers” a derivative work.
“Flowers,” which dominated the Hot 100 chart for eight weeks, has been speculated by fans and internet analysts to be a response to Mars’ song, which was reportedly a favorite of Cyrus’ former husband, actor Liam Hemsworth. The lyrical context of “Flowers” and its release timing post-divorce added layers to the narrative, making fans perceive it as a poignant rebuttal.
Historically, the music industry has seen instances where artists use lyrics or musical elements in response to another song, a tradition that spans genres and decades. Initial legal perspectives suggested that Cyrus using similar thematic content to address a previous work might not constitute a copyright violation.
However, the suit filed by Tempo in September contends that the similarities between “Flowers” and “When I Was Your Man” extend beyond thematic echoes to concrete musical elements. According to Tempo, the alleged similarities make it clear that “Flowers” was significantly influenced by Mars’ song.
As the lawsuit progresses, Cyrus’ defense is expected to pivot to arguments focusing on the specifics of the songs’ similarities, likely challenging the notion that the shared elements qualify as protected under copyright law.
Legal representatives for both Cyrus and Tempo have not commented on the ongoing case.
While the dispute is yet to be resolved, the industry and fans alike are keenly observing how this case might influence copyright considerations in music, potentially affecting how artists draw inspiration from existing works.
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