Miley Cyrus continues to be in the midst of a legal conflict that began six months ago, when the company Tempo Music Investments sued her for alleged plagiarism in her hit “Flowers”. Tempo, who claim to have the copyright to Bruno Mars' song “When I Was Your Man”, argue that the melody of “Flowers” infringes on those rights.
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Recently, Variety reported that the judge handling the case rejected the singer’s request to dismiss the lawsuit filed last November. In this legal process, neither Bruno Mars nor the co-author of the song, Philip Lawrence, were included as plaintiffs.
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The American judge Dean Pregerson, who is in charge of the case, determined that the litigation will continue, noting that Cyrus' lawyers had a “misunderstanding” about the copyright. The singer’s defense argued that Tempo did not have the right to sue, as the company had acquired the rights without the consent of the other songwriters. However, the judge dismissed this argument, clarifying that Tempo holds an “exclusive right” to the copyright, which does not imply “exclusive ownership.”
The judge’s ruling and the future of the trial
In his ruling, the judge explained that “By transferring all that interest, Tempo now occupies Lawrence’s place and is a co-owner of the exclusive copyright rights.” Additionally, he added: “Since Lawrence, as a co-owner, could sue for infringement, Tempo, as a co-owner, can sue for infringement instead of Lawrence, without the need to join the other co-owners of the copyright.” This ruling establishes that the case will continue its judicial course, which could have significant implications for the singer.
The lawyer for Tempo Music Investments celebrated that the case is continuing and showed confidence in the final outcome. “Flowers,” Miley Cyrus' global hit, was one of the biggest musical phenomena of 2023, and in 2024, the song earned her the Grammy for Song of the Year. However, her followers quickly noticed the similarities between “Flowers” and “When I Was Your Man,” sparking debate on social media.