NASHVILLE (CelebrityAccess) – Miley Cyrus has officially responded to a lawsuit alleging her hit “Flowers” infringes on Bruno Mars’ “When I Was Your Man.” Her legal team argues that the case has a major issue: Mars and his co-writers have not sued.
Filed in September, the lawsuit claims “Flowers” stole key elements from “When I Was Your Man” and wouldn’t exist without it. However, the suit wasn’t filed by Mars, but by Tempo Music Investments, which bought the rights from one of the song’s co-writers, Philip Lawrence.
In response, Cyrus’ attorneys, led by Peter Anderson of Davis Wright Tremaine, argue that Tempo’s acquisition of Lawrence’s “partial interest” only granted them non-exclusive rights, which does not provide standing to sue under federal copyright law. Anderson states, “Without the consent of the other owners, a grant of rights from just one co-owner does not confer standing.”
Alex Weingarten, Tempo’s lead counsel, countered, calling Miley’s defense “intellectually dishonest” and insisting that Tempo has every right to enforce their ownership of the copyright.
“Flowers,” which topped the Hot 100 for eight weeks, has been linked to Mars’ song by fans since its January 2023 release, with many fans viewing it as a response to “When I Was Your Man” due to connections to Cyrus’ ex-husband, Liam Hemsworth. However, legal experts previously noted that Cyrus was unlikely to be infringing on copyright simply by using similar lyrics, a common practice in the music industry.
Tempo’s lawsuit goes beyond lyrical similarities, claiming “Flowers” lifted elements such as melody, harmonic material, and bass-line structure. In Wednesday’s filing, Cyrus’ team denies any copying, stating that while the songs share a “few” similarities, none of them are protected by copyright law.
