Miley Cyrus has been denied the opportunity to dismiss a copyright lawsuit alleging that her 2023 hit “Flowers” bears striking similarities to Bruno Mars‘ 2013 song “When I Was Your Man.” The lawsuit, filed by Tempo Music Investments, claims that “Flowers” duplicates melodic, harmonic, and lyrical elements from Mars’ track without permission. Tempo acquired a share of the copyright from co-writer Philip Lawrence, allowing them to pursue legal action.
The judge ruled against Cyrus’ motion to dismiss, clarifying that “exclusive rights” and “exclusive ownership” are distinct concepts. This means Tempo can proceed with the lawsuit as a co-owner of the copyright. Tempo’s attorney, Alex Weingarten, expressed confidence in their case, stating they are “thrilled” but not surprised by the ruling.
The lawsuit alleges unauthorized reproduction and distribution of Mars’ song, with Tempo seeking damages and an injunction to stop “Flowers” from being performed or distributed. Despite the lawsuit, Bruno Mars himself is not involved in the legal proceedings.
Cyrus’ song “Flowers” has been a massive success, earning over a billion streams and winning the Grammy for Song of the Year in 2024. Fans have noted that “Flowers” could be seen as a response to “When I Was Your Man,” given its release on her ex-husband Liam Hemsworth’s birthday.
Musically, while both songs share a similar emotional essence, their compositions are distinct. “Flowers” has a faster tempo and different chord progressions compared to Mars’ ballad. Despite these differences, the lawsuit will continue to explore whether Cyrus crossed the line into copyright infringement.
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