Miley Cyrus Fights 'Flowers' Copyright Lawsuit, Claims No Monopoly on Breakup Song Tropes
Miley Cyrus is pushing back against a copyright lawsuit alleging her hit song "Flowers" infringes on Bruno Mars' "When I Was Your Man," arguing that the similarities are merely commonplace themes in breakup songs.
Miley Cyrus is seeking a judge to dismiss a lawsuit that claims her chart-topping "Flowers" copied Bruno Mars’ "When I Was Your Man." Her argument? No one should be able to monopolize "commonplace tropes in breakup songs."
Nearly two years after the initial filing, Cyrus' legal team is calling for an end to the legal battle. They assert that "Flowers" is "very different" and doesn't constitute copyright infringement.
Peter Anderson, Miley's attorney, stated in a motion obtained by Billboard, "'Man,' a slow piano ballad, is a breakup song from the perspective of a man who regrets not doing various things he believes could have saved his relationship. On the other hand, 'Flowers,' an upbeat, danceable pop song, is a breakup song from the perspective of a woman rejoicing in her independence and self-reliance."
It's important to note that Mars isn't directly involved in the suit. Tempo Music Investments, which owns the copyrights of "Man" co-writer Philip Lawrence, filed the case.
Cyrus' lawyers argue that the only similarities are call-and-response lyrics, such as "I should’ve bought you flowers" and "I can buy myself flowers." They contend these are common phrases in breakup songs, not evidence of infringement.
Anderson writes, "No one owns these words, which are commonplace tropes in breakup songs."
"Flowers," which dominated the Hot 100 for eight weeks after its January 2023 release, was quickly interpreted by many as a response to "Man," a chart-topper in 2012. Some fans speculated Cyrus' target wasn't Mars, but her ex-husband Liam Hemsworth, who allegedly dedicated "Man" to her.
Legal experts told Billboard that Cyrus likely didn't violate copyright laws by using similar lyrics. However, Tempo sued in September 2024, claiming "Flowers" lifted more than just lyrics, citing "melodic and harmonic material," "pitch ending pattern," and "bass-line structure."
Cyrus' lawyers deny these claims. They've requested a summary judgment, dismissing the case without a trial, citing a lack of genuine similarities.
They argue the songs lack melodic overlap and share only "random, unprotectable elements." They also point out that similar lyrics appear in other breakup songs, such as Justin Bieber's 2011 track, "That Should Be Me."
Miley's legal team also argues that "Flowers" falls under copyright's fair use doctrine, allowing the reuse of protected material for criticism or commentary. They state that, despite denying any connection to "When I Was Your Man," a reasonable observer could interpret "Flowers" as commenting on "Man."
Cyrus previously moved to dismiss the case on procedural grounds, but this was denied. Tempo is expected to respond to the motion next month.
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