Miley Cyrus is facing a copyright lawsuit over her hit single “Flowers,” which has been accused of copying elements from Bruno Mars’ 2013 ballad “When I Was Your Man.” The lawsuit was filed by Tempo Music Investments, a company that owns partial rights to Mars’ song through an agreement with one of its co-writers, Philip Lawrence. This legal battle highlights the frequent tensions between artists drawing inspiration from past hits and the strict protections in place for intellectual property.
The Allegations
Tempo Music Investments claims that “Flowers,” released in 2023 as part of Cyrus’ Endless Summer Vacation album, unlawfully duplicates significant melodic and harmonic features of Mars’ song. The lawsuit specifically points to shared musical sequences, chord progressions, and even lyrical parallels, arguing that these elements of “When I Was Your Man” were copied without authorization. In particular, the suit mentions similarities in the way both songs progress through their respective verses and choruses, including distinctive transitions from G major to C major chords.
What’s at Stake
Tempo Music is seeking financial damages, reportedly requesting up to $150,000 per infringement, along with a share of the profits from the wildly successful “Flowers,” which has earned Cyrus her first Grammy Award for Best Pop Solo Performance in 2024. The legal complaint also names other defendants involved in the song’s distribution, including Sony Music Publishing and Apple Music.
Cyrus’ Response
As of now, neither Miley Cyrus nor her legal team has publicly responded to the lawsuit. However, her representatives are expected to argue that any similarities between the two songs are coincidental or fall within the realm of acceptable creative borrowing common in the music industry. Legal experts note that proving substantial similarity in court could be challenging, as the case will likely hinge on how unique and recognizable the shared musical elements are to the average listener.
The Bigger Picture
This lawsuit joins a growing list of high-profile cases in the music industry where artists or rights holders claim that newer songs unlawfully borrow from existing works. Regardless of the outcome, the case underscores the importance of securing proper licenses and permissions when incorporating recognizable elements from other songs, even when the line between inspiration and infringement can be blurry.
This legal battle could set another precedent for the music industry, especially for how courts address similarities between major hits and works that are created as a response to others.
If you’re a musician or songwriter concerned about protecting your creative work or navigating copyright law, Landry Legal, PLLC can provide you assistance. Reach out to us today for a consultation.
