Let her get her flowers.
Miley Cyrus has refuted claims that her song “Flowers” steals elements from Bruno Mars' song “When I Was Your Man.”
According to court documents obtained by The Post, lawyers for the “Hannah Montana” star, 32, filed a motion to dismiss the copyright infringement lawsuit filed against her and the “Flowers” co-writers by Tempo Music Investments on Wednesday, November 20. .
Tempo Music owns part of the copyright to “When I Was Your Man”, having supposedly purchased the catalog of one of the song's writers, Philip Lawrence, around 2020. The song's three other songwriters – Bruno Mars, Philip Ari Levin and Andrew White – have not been identified. Name them as plaintiffs.
In their filing, Cyrus' lawyers and co-writers say the hitmakers “categorically deny copying” March's song, adding that “the alleged copied elements [of ‘Flowers’] They are random, scattered, unprotected ideas and musical building blocks.
Cyrus co-wrote “Flowers” with Gregory Hine and Michael Pollack.
Their motion to dismiss also argues that Tempo Music's lawsuit has a “fatal flaw,” meaning that the company, in the eyes of the defendants, has no legal standing to bring an infringement claim because the company only partially owns the song “When I Was Your Man” copyrighted the song.
“Plaintiff unequivocally alleges that he obtained his claimed copyright rights to the song 'When I Was Your Man' from only one of the four co-authors of that musical composition,” Cyrus' lawyers wrote.
“This is a fatal and incurable flaw in plaintiff's claim because copyright law expressly provides that only owners of exclusive rights may sue for copyright infringement.”
The registry continues to deny specific plagiarism claims.
“Plaintiff alleges, for example, that 'When I Was Your Man' and 'Flowers' Sharing some chords, pitches, abstract “general melodic design,” and lyrics, none of which have copyright protection. The document states that the plaintiff's copies, even assuming they are correct, show striking differences in melody, chords, other musical elements and words.
The Post reached out to lawyers for Cyrus and Tempo.
Tempo filed a lawsuit against Cyrus on September 16, claiming that Cyrus' song “is the result of intentional copying” of March's track.
“Immediately after the release of ‘Flowers,’ fans recognized the striking similarities between the song and ‘When I Was Your Man,’” according to Tempo’s attorney.
“The melody (individual lines of music) and harmony (chords and chord progressions) of the chorus in “Flowers” are very similar to those of the verse in “When I Was Your Man.” In fact, the opening vocal line from the chorus of “Flowers” begins and ends on the same chords Like the opening vocal line in the verse of “When I Was Your Man.”
The complaint also alleged that “comparing the lyrics of the two songs also indicates that the musical similarities are not coincidental.”
“It is undeniable that based on the combination and number of similarities between the two recordings, 'Flowers' would not have existed without 'When I Was Your Man.'” Accordingly, Plaintiff brings this action for copyright infringement arising from Defendants' Unauthorized copying, distribution and exploitation of the movie “When I Was Your Man”.
Tempo Music has asked the defendants to stop reproducing, distributing or publicly performing the song “Flowers,” and is seeking an unspecified amount of damages.
The Post has reached out to representatives for Cyrus and Mars.
