Miley Cyrus is being sued for alleged copyright infringement related to her 2023 Grammy-winning hit ‘Flowers’. Tempo Music Investments has filed the lawsuit, accusing Cyrus of copying elements of Bruno Mars’ 2013 hit “When I Was Your Man”, arguing that the two songs have “remarkable similarities”. Although the lawsuit focuses on Mars’ song, Bruno Mars himself has not filed the suit, nor is he named as a plaintiff.
According to Vulture, the lawsuit claims that ‘Flowers’ has lyrical overlaps with ‘When I Was Your Man’. While Mars sings, ‘I should have bought you flowers and held your hand’ and ‘I’d take you to every party, “cause all you wanted to do was dance”, Cyrus responds with “I can buy me flowers” and “I can take me dancing, and I can hold my own hand”. Similarities in lyrics and lyrical references are at the heart of the lawsuit, which alleges that the two songs share similar melody, harmony and chorus.
The legal document states: ‘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”’. The lawsuit also states: ‘Therefore, plaintiff brings this action for copyright infringement due to defendants’ unauthorised reproduction, distribution and exploitation of ‘When I Was Your Man’’.
Tempo Music Investments owns part of the copyright to Mars’ song after acquiring the catalogue of songwriter Philip Lawrence. In addition, the company includes in the lawsuit songwriters Gregory Hein and Michael Pollack, who co-wrote ‘Flowers’, as well as Sony Music Publishing and Apple. The lawsuit also alleges that the opening vocal line of Cyrus’ chorus matches chords in “When I Was Your Man”. Tempo is seeking damages, although it has not yet specified an exact figure, and demands that Cyrus cease the reproduction, distribution and public performance of ‘Flowers’. The hit was recognised as Song of the Year at the 2024 Grammy Awards.
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