Miley Cyrus is pushing back against claims that her song “Flowers” borrows elements from Bruno Mars’ hit “When I Was Your Man.” According to court documents obtained by The Post, the 32-year-old former “Hannah Montana” star and her co-writers have filed a motion to dismiss a copyright infringement lawsuit brought against them by Tempo Music Investments on November 20.
Tempo Music, which owns part of the copyright for “When I Was Your Man,” purchased the catalog of one of the song’s co-writers, Philip Lawrence, around 2020. The other three songwriters—Bruno Mars, Philip Ari Levine, and Andrew Wyatt—are not named as plaintiffs in the lawsuit.
In their filing, Cyrus’ lawyers assert that the hitmakers “categorically deny copying” Mars’ song, emphasizing that the alleged similarities in “Flowers” are “random, scattered, unprotected ideas and musical building blocks.” Cyrus co-wrote “Flowers” with Gregory Hein and Michael Pollack.
The motion to dismiss also highlights what it calls a “fatal flaw” in Tempo Music’s lawsuit: the company only partially owns the copyright for “When I Was Your Man.” Cyrus’ lawyers argue that this partial ownership disqualifies Tempo from filing an infringement claim, as the Copyright Act requires exclusive rights holders to bring such suits.
The filing further disputes the specific plagiarism allegations, stating that the similarities between the two songs—such as shared chords, pitches, and abstract melodic designs—are not protected by copyright. It also notes significant differences in melody, chords, and other musical elements between “Flowers” and “When I Was Your Man.”
Tempo Music filed its suit against Cyrus on September 16, alleging that “Flowers” intentionally copies Mars’ track. The company claims that the public immediately recognized the similarities between the two songs upon “Flowers” release. Tempo Music is seeking to halt the reproduction, distribution, and public performance of “Flowers” and is asking for an unspecified amount of damages.
Source link: https://nypost.com
