Miley Cyrus has denied plagiarizing a Bruno Mars song for her 2023 hit Flowers, and has filed to dismiss a copyright infringement lawsuit it was revealed this week.
Documents filed by Tempo Music Investments in September, said Cyrus’s Grammy-winning track had copied Bruno Mars’s 2012 track When I Was Your Man.
But her lawyers said Tempo lacks the authority to sue as it holds a portion of the copyright to Mars’s song, via co-writer Philip Lawrence’s catalog, and is not connected with the other writers Ari Levine and Andrew Wyatt.
Prize: Miley Cyrus accepts the Grammy for Record Of The Year award for Flowers in February this year
Claim: A lawsuit said Cyrus copied Bruno Mars’s 2012 track When I Was Your Man
Cyrus’s legal team argued that only those with exclusive rights to a song can file such a lawsuit in documents seen by People, the outlet reported on Monday.
The lawsuit, which claimed Flowers plagiarized Mars’s ballad, was filed after fans and critics drew comparisons between the two tracks.
But Cyrus’s attorneys have requested the case be dismissed, emphasizing that ‘an assignee of only one co-author lacks exclusive rights and, therefore, also lacks standing to sue for infringement’.
In its lawsuit, Tempo Music claims that Miley ‘intentionally copied’ Mars’s 2012 hit, citing substantial similarities between the two songs.
The investment firm argued both the melody and harmonies in Flowers bear a striking resemblance to Mars’s track, particularly in the verses and chorus.
Additionally, Tempo asserts that the chord progressions in Cyrus’ song, co-written with Aldae (Gregory Hein) and Michael Pollack, echo those in Mars’ ballad.
It also said some of the lyrics in Flowers are similar to those in When I Was Your Man, which Mars co-wrote with Philip Lawrence, Ari Levine, and Andrew Wyatt.
Tempo’s lawsuit said, ‘It is undeniable based on the combination and number of similarities between the two recordings that Flowers would not exist without When I Was Your Man.’
Both songs were major hits, each topping the Billboard Hot 100 chart.
While When I Was Your Man’ earned a 2014 Grammy nomination for Best Pop Solo Performance, Flowers went on to win Record of the Year – the same category Mars was nominated for.
The lawsuit accuses Cyrus, her producers Kid Harpoon and Tyler Harper, as well as her label, of having access to Mars’ song, despite the fact that When I Was Your Man has been widely available for years through physical media and streaming.
Tempo Music is seeking unspecified damages and, more drastically, is asking for ‘Flowers’ to be removed from digital platforms and future physical releases of Cyrus’ 2023 album Endless Summer Vacation.
The firm is also pushing to prevent Cyrus from performing the song in the future.
Interestingly, it is Tempo Music — rather than Mars himself — that has filed the lawsuit, following its acquisition of part of the song’s copyright.
In 2021, Mars sold a portion of his catalog to Warner Music Group, though he reportedly retained majority ownership.
Tempo, which was founded by Warner and Providence Equity Partners in 2019 with an initial investment of $650 million, focuses on purchasing song catalogs, including both master recordings and publishing rights.
While it’s common for older artists to sell portions of their catalogs for substantial paydays, it’s less typical for younger stars like Mars to do so, especially while retaining majority rights to their work.
On stage: Bruno Mars in Los Angeles in May