A judge has ruled against Miley Cyrus’ attempt to dismiss a copyright lawsuit that claims her hit song “Flowers” resembles Bruno Mars’ 2013 track “When I Was Your Man.”
In September 2024, Tempo Music Investments, a company that acquired the catalog rights of “When I Was Your Man” co-writer Philip Lawrence, filed the lawsuit. Neither Mars nor Lawrence are directly involved in the case. Cyrus initially sought to have the lawsuit dismissed in November.
However, in a ruling issued yesterday, reviewed by Variety, the judge allowed the case to move forward. The judge stated that Cyrus and her legal team had misunderstood legal precedent surrounding copyright law. Cyrus’ team argued that Tempo lacked the right to sue because it acquired Lawrence’s rights to the song without the consent of the other songwriters, which they claimed undermined Tempo’s standing to file the lawsuit. The judge disagreed, ruling that Tempo holds an “exclusive right” to the copyright, not “exclusive ownership.”
The ruling clarified that by acquiring the rights, Tempo essentially steps into Lawrence’s position as a co-owner of the copyright and can file a lawsuit on his behalf. “Because Lawrence as a co‐owner could sue for infringement, Tempo as co‐owner, in lieu of Lawrence, can sue for infringement without joining the other co-owners of the copyright,” the judge explained.
Tempo’s attorney, Alex Weingarten, expressed confidence in the case moving forward. “We are thrilled but not the least surprised by the ruling,” Weingarten said in a statement. “Our client is looking forward to having this case proceed and are extremely confident in prevailing.”
Cyrus’ legal team did not immediately respond to Variety’s request for comment.
“Flowers,” released in January 2023, was a major success for Cyrus, topping the Billboard Hot 100 for eight weeks and winning Record of the Year at the 2024 Grammys. Since its release, fans have drawn comparisons between “Flowers” and Mars’ song, particularly noting similarities in the lyrics.
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