Miley Cyrus’ Copyright Infringement Lawsuit Flowers is notable for the large number of individuals and businesses it is suing – from Cyrus herself to Flowerssongwriters and publishers, to various streaming services that offer the song, to retailers that sell it.
But Miley Cyrus’ lawyers say it’s notable for the opposite reason: The small number of plaintiffs alleging Flowers they grabbed Bruno Mars‘ When I was your man.
Cyrus’ attorneys have filed a motion to dismiss the case, arguing that the case has a “fatal flaw”: Only Tempo Music – the music rights investor who owns part of the rights Flowers – has filed the lawsuit and the other owners of the lineup, including Aris, have not joined the case.
Tempo Music “brings only this copyright infringement action – without any of the co-authors or other owners of this musical composition,” Cyrus’ lawyers wrote in a filing supporting the dismissal, which can be read in full here.
“The Copyright Act expressly provides that only a legal or beneficial owner of an exclusive copyright may bring an action for infringement. [Tempo Music] he is neither and, therefore, has no standing to bring this action.”
Tempo Music filed the lawsuit last September, telling the U.S. District Court for the Central District of California that it had bought a catalog of rights in 2020 from the songwriter Philip Lawrenceincluding his part as co-writer of the 2013 hit Mars When I was your man. The song has three other co-writers: Bruno Mars, Ari Levineand Andrew Wyatt.
Tempo’s lawsuit alleges that Flowers “copies many of his melodic, harmonic and lyrical elements When I was your manincluding the melodic tone and sequence of the verse, the connecting bass line, certain bars of the dance, certain theatrical musical elements, lyrical elements and specific chord progressions.
When Flowers was released in early 2023, many listeners noticed the similarity between the song’s lyrics and the When I was your man.
For example, When I was your man includes the line “I should have bought you flowers and held your hand,” while Flowers contains the line “I can buy flowers and I can hold my hand.”
Many interpreted this as a deliberate echo of Bruno Mars’ lyrics – a “kiss” to Cyrus’ ex, Liam Hemsworthwho is said to be a fan of Bruno Mars and When I was your man.
However, Cyrus’ lawyers deny that any similarities infringe copyright.
“The allegedly copied elements are random, scattered, unprotected ideas and musical building blocks,” they wrote.
Musical “building blocks” – basic elements of a song – are not subject to copyright.
Tempo’s lawsuit cast a very wide net, suing Cyrus and Sony Music Entertainmentto which the label belongs Flowers he was released, along with me Flowers co-authors Gregory “Aldae” Hein and Michael Pollackand music publishers Concord Music Publishing, Warner-Tamerlane Publishing Corp.and MCEO Inc.
It also names streaming services as defendants Amazon Music, Apple Music, Deezer, Pandora, SoundCloud, TIDALand Qobuz (although no Spotifywhere Flowers is available), plus the broadcaster iHeartRadio and retailers Barnes & Noble, Target and Walmartwhose lawsuit says he sold physical or digital copies of it Flowers.
Also called a gig giant Living Nationfor selling the song through Cyrus’ official online store, and Disneyover a documentary featuring Cyrus Flowers.
Flowers was the best-selling single worldwide in 2023, according to the IFPI. It spent a total of eight weeks at number one on the Billboard Hot 100 and 57 weeks at the top of the Billboard Adult Contemporary chart.
When I was your manwhich was released a decade ago Flowerstopped the Billboard Hot 100 in 2013 and has been certified Platinum 11 times since RIAA.
Cyrus’ lawyers asked the court to dismiss the case “with prejudice,” meaning Tempo Music would not be able to retry the case. They also asked the court to order Tempo Music to pay their court and legal costs.Music Business Worldwide