What Grounds the Lawsuit Against Miley Cyrus for ‘Flowers’?

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It’s been almost two years since ‘Flowers’ came out. The song, which earned Miley Cyrus her first and second Grammy Awards, became a global hit in January 2023, and it’s still playing everywhere today. But as soon as it was released, fans quickly noticed how much it ‘resembled’ another big hit: ‘When I Was Your Man,’ from Bruno Mars’ second album, Unorthodox Jukebox (2012).

Now, after many fans pointed out the similarity, a lawsuit has been filed, claiming that Miley’s song infringes on copyright. Interestingly, the lawsuit wasn’t filed by Bruno Mars but by a record label called Tempo Music Investments, which bought part of the copyright from one of the song’s co-writers, composer Philip Lawrence. The lawsuit was filed by the label in a Los Angeles court on Monday, September 16.

Miley Cyrus and her ‘Flowers’ co-writers are being sued by Tempo Music Investments for allegedly copying Bruno Mars’ track ‘When I Was Your Man.’

If successful, Cyrus and other named defendants would be prohibited from reproducing, distributing, or publicly performing ‘Flowers.’ pic.twitter.com/N8Yij6B5ZR

— Pop Base (@PopBase) September 17, 2024

The Similarities Between Flowers and When I Was Your Man

Although the lawsuit’s specific claims about copyright infringement haven’t been fully detailed, there are some noticeable similarities in the lyrics. It’s rumored that ‘When I Was Your Man’ was a favorite song of Miley’s ex-husband, actor Liam Hemsworth. And many fans believe ‘Flowers’ could be not just a message to him, but also a response to Mars’ song.

For example, the line “I should’ve bought you flowers” from the 2012 hit is echoed by Miley’s line, “I can buy myself flowers.” Likewise, Mars’ lyric “Take you to every party / ‘Cause all you wanted to do was dance” is met with Miley’s response, “I can take myself dancing.”

According to Billboard, Tempo Music Investments claims that ‘Flowers’ wouldn’t exist without ‘When I Was Your Man’. The track “duplicates numerous melodic, harmonic, and lyrical elements,” the label’s lawyers stated.

However, Joseph Fishman, a professor at Vanderbilt Law School in Nashville, shared on social media that Tempo’s case is weak, pointing out that the musical similarities are based on common elements found in many other songs. He also questioned why Mars himself isn’t part of the lawsuit.

An entity controlling part of the © in Bruno Mars’ «When I Was Your Man» has sued Miley Cyrus over alleged similarities in «Flowers.»

A few thoughts 🧵

First: the lawyers. In these cases you usually don’t see brand-name large firms on plaintiff’s side. But you certainly do here pic.twitter.com/e5qIUJfvXB

— Joseph Fishman (@jpfishman) September 17, 2024

Similar songs have always been around. When you’re composing, how can you really know if something’s already been done? It’s definitely a tricky situation. What’s your take on the similarities between these songs?