Full Breakdown
Miley Cyrus Seeks Dismissal of Copyright Lawsuit Over "Flowers"
2/26/2026, 2:39:05 PM
Overview of the Lawsuit
Miley Cyrus is currently engaged in a legal battle concerning her 2023 hit song "Flowers," which has been accused of infringing on Bruno Mars' 2013 ballad "When I Was Your Man." The lawsuit was filed by Tempo Music Investments, a music rights company that acquired a stake in Mars' song from co-writer Philip Lawrence. The case, which began in September 2024, targets not only Cyrus but also her co-writers Gregory Hein and Michael Pollack, as well as various streaming platforms and retailers, including Amazon Music and Apple Music.
Legal Arguments and Defense
Cyrus's legal team has filed a motion to dismiss the lawsuit, arguing that the similarities cited by Tempo's musicologist, Anthony Ricigliano, are based on "commonplace tropes in breakup songs" and unprotectable musical elements. They contend that the chord progressions and pitch sequences identified in both songs are standard musical building blocks that cannot be copyrighted. Cyrus's lawyers assert that Ricigliano failed to conduct adequate prior art research and did not distinguish between abstract pitch sequences and actual melodies.
In their defense, Cyrus's team emphasizes the thematic differences between the two songs. They describe "When I Was Your Man" as a slow ballad reflecting male regret, while "Flowers" is characterized as an upbeat anthem celebrating female independence. They argue that even if "Flowers" is viewed as a response to Mars' song, it qualifies for a fair use defense due to its transformative nature.
Key Comparisons and Critiques
Cyrus's legal team has pointed out specific lyrical similarities, noting that the only common words between the two songs are basic terms like "flowers," "hand," and "hours." They argue that these similarities are too generic to warrant copyright protection. Furthermore, they highlight that the lyrical themes of "Flowers" are fundamentally different from those of "When I Was Your Man," reinforcing their position that the songs do not infringe upon each other.
Tempo has yet to respond to the latest developments in court, but the case is set for a hearing on May 5, 2026. Cyrus's team has previously attempted to dismiss the lawsuit in November 2024, citing the limited number of plaintiffs involved.
Broader Implications
The outcome of this case could have significant implications for the music industry, particularly regarding the boundaries of copyright protection for common musical elements and themes. As "Flowers" has achieved notable commercial success, including being the biggest-selling single globally in 2023, the case raises questions about the intersection of creativity and copyright law in contemporary music.
Verbatim Quotes
- “the melodic similarities that Mr Ricigliano identifies cannot support a copyright infringement claim and must be filtered out,” — Miley Cyrus's legal team
- “ “No one owns these words, which are commonplace tropes in breakup songs.” — Miley Cyrus's legal team
- “[P]itch sequences are not protectable. Instead, ‘it is necessary to distinguish between an abstract sequence of pitches and a melody’… ‘While an eight-note melody may be copyrightable, the abstract eight-note pitch sequence that is a component of the melody is not’.” — Miley Cyrus's legal team
This ongoing legal dispute highlights the complexities of copyright law in the music industry and the challenges artists face in navigating claims of infringement.
