Miley Cyrus is facing a lawsuit that claims her chart-topping hit, "Flowers," infringes on elements from Bruno Mars’ 2013 single, "When I Was Your Man." Filed in Los Angeles by Tempo Music Investments, the suit alleges that "Flowers" unlawfully borrows musical components from Mars' ballad, including melody, harmony, and lyrical themes, without permission. Tempo Music, which owns a portion of the copyright to "When I Was Your Man" through its acquisition of co-writer Philip Lawrence’s catalog, argues that the similarities are so evident that they believe "Flowers" wouldn’t have achieved its success without drawing heavily from Mars’ song. Apple, Sony Music Publishing, and a list of retail stores accused of distributing the track are also named as defendants in the lawsuit.
The complaint points to specific musical features that they claim Cyrus and her co-writers, Gregory Hein and Michael Pollack, duplicated. The lawsuit specifically lists "the melodic pitch design and sequence of the verse, the connecting bass-line, certain bars of the chorus, certain theatrical music elements, lyric elements, and specific chord progressions." The lawsuit further contends that the two tracks share lyrical similarities, particularly in their references to buying flowers, with Mars reflecting on what he failed to do in a past relationship and Cyrus singing about self-empowerment and independence after a breakup. The complaint emphasizes that, in their view, the overlapping elements in both tracks suggest that "Flowers" is a “derivative work” of Mars' song, created without proper authorization.
From a legal perspective, the case centers around copyright infringement, which requires Tempo Music to prove two key elements: first, that the creators of "Flowers" had access to "When I Was Your Man," and second, that the similarities between the two songs are substantial enough to constitute infringement. While the lyrics themselves are similar in theme, copyright law does not protect abstract ideas, such as the concept of buying flowers, but instead protects the specific expression of those ideas. Tempo Music will need to demonstrate that the similarities extend beyond general themes to substantial similarities in musical composition and lyrical arrangement.
The lawsuit seeks financial damages to be decided by a jury trial as well as a court order to prevent Cyrus and the listed defendants from creating further copies of "Flowers," distributing it to the public, and performing the track.
