Miley Cyrus and her legal team have responded to the September copyright infringement lawsuit regarding her hit song "Flowers" and its alleged similarities to Bruno Mars' "When I Was Your Man."

Photo Credit: Miley Cyrus by Raph PH / CC by 2.0

The lawsuit was filed by Tempo Music Investments, which purchased rights from one of the co-writers of "When I Was Your Man," not by Bruno Mars or the song's original creators. Cyrus's attorneys argue this is a "fatal and incurable defect" in the case.

Key points of Cyrus's legal defense:

• Tempo only acquired "partial interest" from songwriter Philip Lawrence, giving them "non-exclusive rights"
• Federal copyright law requires exclusive rights ownership to file infringement lawsuits
• Single co-authors cannot assign exclusive rights without other co-authors' consent
• The songs have "striking differences" in melody and musical elements

Tempo's claims:

• "Flowers" copies "melodic and harmonic" portions
• Similar "pitch ending pattern" and "bass-line structure"
• The song "would not exist" without Mars' track

Alex Weingarten, Tempo's lead counsel, dismisses Cyrus's defense as "intellectually dishonest" and maintains their legal standing. While fans have noted similarities between the songs since "Flowers" release in January 2023, the court's decision on this technical defense remains pending.

The case highlights important aspects of music copyright law, particularly regarding ownership rights and standing to sue for infringement. Under current law, only exclusive copyright owners can file infringement lawsuits, a rule specifically designed for situations like this.

Related Articles

Previous Articles