A judge has rejected an attempt by Miley Cyrus to dismiss a copyright lawsuit filed against her. Tempo Music Investments has accused Cyrus of copying elements of Bruno Mars’ song “When I Was Your Man” in her Grammy-winning track “Flowers.” This lawsuit will proceed after Judge Dean D. Pregerson denied Cyrus’ request for dismissal on Tuesday, as confirmed by FOX Business. Tempo Music previously acquired the rights to Mars’ song by purchasing the catalog of Philip Lawrence, a co-author.
Cyrus’ legal team argued that a co-owner’s right to sue for copyright infringement would be void upon transfer. However, Judge Pregerson disagreed, suggesting that this limitation “would diminish the value of jointly owned copyrights” because potential buyers might show less interest in enforcing a copyright they cannot protect, thereby reducing incentives for co-authorship and collaboration.
The judge further clarified the misunderstanding in Cyrus’ team’s argument regarding exclusive rights. According to Judge Pregerson, “Ownership of ‘exclusive rights’ is not to be conflated with ‘exclusive ownership’ of rights,” explaining that these rights are collectively owned by co-owners in competition with the rest of the world.
FOX Business reached out to representatives for both Cyrus and Tempo Music but has not yet received comments. Tempo Music, holding a share of the copyright to Mars’ song, initiated legal action against Cyrus in September due to alleged “striking similarities” between “Flowers” and “When I Was Your Man.” The lawsuit, obtained by FOX Business, claims Cyrus’ “Flowers” borrowed several melodic, harmonic, and lyrical elements from Mars’ song, which include the melodic design of the verse, the bass-line, chorus bars, theatrical music elements, and specific chord progressions.
Tempo Music has requested that Cyrus and others cease the reproduction, distribution, or public performance of “Flowers.” The lawsuit also names Sony Music Publishing and Apple as defendants, although Bruno Mars himself is not listed as a plaintiff. The lawsuit highlighted that the opening vocal line of “Flowers” begins and ends on the same chords as the opening line of “When I Was Your Man.”
Tempo Music acquired its rights to Mars’ track around 2020 and aims to enforce its copyright claims against Cyrus.
