Miley Cyrus released "Flowers" on January 12, 2023. Being the lead single of Cyrus's eighth studio album, Endless Summer Vacation, it went on to become a massive hit, winning Record of the Year at the 2024 Grammy Awards. That said, since its release, the song has been compared with Bruno Mars's "When I Was Your Man", and rapidly, Cyrus and their team have been involved in legal troubles.
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After purchasing Philip Lawrence's catalog in 2020 (Lawrence co-wrote "When I Was Your Man), Tempo Music began owning part of the Bruno Mars song. They were the ones who filed a lawsuit against Cyrus on September 16, stating that Cyrus had intentionally copied Mars' song.
Cyrus' lawyers have filed a motion to dismiss, following the Tempo Music suit, denying any type of copyright infringement. "Plaintiff unambiguously alleges that it obtained its claimed rights in the 'When I Was Your Man' copyright from only one of that musical composition's four co-authors," Cyrus' lawyers said, according to the New York Post.
"That is a fatal and incurable defect in Plaintiff's claim because the Copyright Act expressly provides that only owners of exclusive rights may sue for copyright infringement."
The document presented by Cyrus' lawyers later contested Tempo's claim that Cyrus, Gregory Hein, and Michael Pollack ("Flowers" co-authors), had copied aspects of "When I Was Your Man", saying that these are not protected by copyright law. These aspects include "chords, pitches, melody, and lyrics.
"And Plaintiff's transcriptions, even assuming they are correct, show striking differences in melody, chords, other musical elements, and words," the document reads. Cyrus' lawyers also pointed out that only "owners of exclusive rights" can sue for copyright infringement, with Tempo Music only owning part of "When I Was Your Man."
Copyright Infringement?
If you hear both songs, it is clear that Flowers uses some lyrical and melodic references from "When I Was Your Man". After all, the "Flowers" chorus directly addressed and answered the chorus heard in "When I Was Your Man". That is the case of "I can buy myself flowers" versus "I should've bought you flowers" or "I can take myself dancing" to "Take you to every party, 0cause all you wanted to do was dance."
And while many view the similarities as references or inspiration, Tempo Music thought otherwise. They alone filed a lawsuit against Miley Cyrus. Bruno Mars and other co-authors, Philip Ari Levine and Andrew Wyatt, are not plaintiffs in the suit.
"The melody (single lines of music) and harmony (chords and chord progressions) of the chorus in 'Flowers' are substantially similar to those of the verse in 'When I Was Your Man'," reads the suit presented by Tempo Music. "Indeed, the opening vocal line from the chorus of 'Flowers' begins and ends on the same chords as the opening vocal line in the verse of 'When I Was Your Man'."
How this case will move forward, is unknown. For the time, Tempo Music seeks to stop the reproduction, distribution, and live performances of "Flowers."
