A judge has denied Miley Cyrus’ attempt to dismiss a copyright infringement lawsuit, which claims that her 2023 hit “Flowers” copies elements of Bruno Mars’ song “When I Was Your Man.”
The lawsuit, filed in September 2024 by Tempo Music Investments, involves the company that acquired the catalog rights of Philip Lawrence, co-writer of “When I Was Your Man.” Neither Bruno Mars nor Lawrence are named as plaintiffs in the case, which Cyrus sought to dismiss in November.
However, in a ruling issued yesterday, reviewed by Variety, the judge ruled that the case should move forward, stating that Cyrus and her legal team had a “misunderstanding” of copyright law. Cyrus’ defense argued that Tempo had no right to file the lawsuit because it acquired Lawrence’s rights to the song without the consent of the other co-writers, thus weakening their claim to sue. The judge disagreed, explaining that the argument was “incorrect” and emphasizing that Tempo holds an “exclusive right” to the copyright, which is separate from “exclusive ownership.”
“By transferring all of that interest, Tempo now steps into Lawrence’s shoes and is a co‐owner of the exclusive rights of the copyright,” the ruling stated. “Because Lawrence as a co‐owner could sue for infringement, Tempo as co‐owner, in lieu of Lawrence, can sue for infringement without joining the other co‐owners of the copyright.”
Tempo’s attorney, Alex Weingarten, expressed satisfaction with the ruling, stating, “We are thrilled but not the least surprised by the ruling. Our client is looking forward to having this case proceed to be resolved on its merits and are extremely confident in prevailing.”
Cyrus’ legal representatives have yet to comment on the ruling.
Released in January 2023, “Flowers” became a huge success for Cyrus, dominating the Billboard Hot 100 for eight weeks and winning Record of the Year at the 2024 Grammys. From the beginning, fans and social media users pointed out apparent similarities between “Flowers” and “When I Was Your Man,” particularly in the lyrics, fueling speculation and comparisons between the two songs.
