Miley Cyrus Tries Getting Suit That Claims ‘Flowers’ Copied A Bruno Mars Song Dismissed

 

Miley Cyrus won a Grammy for "Flowers" earlier this year. 

Attorneys representing singer Miley Cyrus filed a motion in Los Angeles federal court to dismiss a lawsuit claiming her song “Flowers” lifts lyrics and melodies from the 2013 Bruno Mars song “When I Was Your Man,” arguing the lawsuit should be tossed because it only represents one of the song’s four writers—and not Mars.

Key Facts

Cyrus’ attorneys argue the company that filed the lawsuit, Tempo Music Investments, an investment group that has acquired the rights to various artists’ catalogs, does not have standing to sue because it only owns a portion of the rights to the song.

Tempo Music previously acquired the rights to songwriter Philip Lawrence’s catalog, including his portion of “When I Was Your Man,” but the song has three other songwriters, including Mars, not listed as plaintiffs.

Cyrus’ attorneys say the Copyright Act only permits “a legal or beneficial owner of an exclusive copyright” to sue for infringement, arguing Tempo Music does not have exclusive rights to “When I Was Your Man” because it does not own the rights of the other co-writers.

Cyrus’ attorneys claim the two songs have “striking differences in melody, chords, other musical elements, and words,” stating the plaintiff’s claim the songs share “musical building blocks,” including some chords and pitches, would not be protected by copyright.

What Does Tempo Music Investments’ Suit Allege?

Tempo Music Investments sued Cyrus, as well as companies it says distributed “Flowers,” including Sony Music Publishing, Apple, Target and Walmart, alleging copyright infringement. The lawsuit alleged “Flowers” would “not exist” without the "exploitation" of Mars’ song. “Any fan of Bruno Mars’ ‘When I Was Your Man’ knows that Miley Cyrus’ ‘Flowers’ did not achieve all of that success on its own,” the lawsuit states, alleging “Flowers” lifts “numerous melodic, harmonic, and lyrical elements of ‘When I Was Your Man.’”

How Similar Are The Lyrics?

The chorus of “Flowers” appears to flip some of the statements in the chorus of “When I Was Your Man.” In “Flowers,” an ode to independence, Cyrus sings: “I can buy myself flowers/Write my name in the sand/Talk to myself for hours/Say things you don't understand/I can take myself dancing/I can hold my own hand.” In Mars’ song, about a man expressing regret for failing to treat his lover well, he sings: “I should've bought you flowers/And held your hand/Should’ve gave you all my hours/When I had the chance/Take you to every party/'Cause all you wanted to do was dance.”

Key Background

Cyrus released “Flowers” in January 2023, and it became one of the year’s biggest hits. “Flowers” has been streamed more than 2 billion times on Spotify and won Cyrus two Grammy Awards, for Record of the Year and Best Pop Solo Performance. When Cyrus released “Flowers,” fans noticed the similarities between the two songs, even causing “When I Was Your Man” to rise in streams, Billboard reported. Vanderbilt Law School music law professor Joseph Fishman told Billboard Cyrus shouldn’t need to credit Mars and the other “When I Was Your Man” songwriters despite the similar lyrics, even if the chorus of “Flowers” is deliberately a response to Mars’ song, because it does not appear to sample or interpolate the song’s melodies. “Using one song to issue a retort to an earlier song is not, by itself, infringement. John Mayer and Taylor Swift don’t need to cross-license anything when they write songs at each other,” Fishman said. “When I Was Your Man” peaked at No. 1 on the Billboard Hot 100 in 2013 and earned Mars a Grammy nomination.