(Reuters) – Pop star Miley Cyrus has lost an initial attempt to dismiss a lawsuit in a California federal court that accuses her of unlawfully copying elements from Bruno Mars’ song When I Was Your Man for her 2023 hit Flowers.
On Tuesday, U.S. District Judge Dean Pregerson rejected Cyrus’ argument that the plaintiff, Tempo Music Investments, lacked the legal standing to bring the lawsuit. Tempo, which claims ownership of a share of When I Was Your Man, is not affiliated with Mars, who is not involved in the case.
Spokespeople and attorneys for Sony Music (6758.T), Cyrus’ record label, have not yet responded to requests for comment on the ruling.
Details of the Copyright Dispute
Tempo Music Investments filed the lawsuit in September 2023 against Cyrus and Sony Music, alleging that Flowers copies “numerous melodic, harmonic, and lyrical elements” from When I Was Your Man, which topped the Billboard Hot 100 in 2013.
The company acquired its share of the Mars song’s copyright from co-writer Philip Lawrence in 2020. In November, Cyrus and her co-writers sought to have the case dismissed, arguing that Tempo lacked standing to sue under U.S. copyright law because it did not possess “exclusive rights” to the song.
However, Judge Pregerson ruled against the motion, stating:
“Because Lawrence as a co-owner could sue for infringement, Tempo as co-owner, in lieu of Lawrence, can sue for infringement without joining the other co-owners.”
Implications for Cyrus and Sony Music
The ruling allows the lawsuit to proceed, bringing further legal scrutiny to Flowers, which has amassed over 1 billion streams on Spotify and won the Grammy Award for Song of the Year in 2024.
Tempo’s attorney, Alex Weingarten of Willkie Farr & Gallagher, welcomed the decision, saying the company was “thrilled but not the least surprised” and remains “extremely confident in prevailing” in the case.
As the case moves forward, Cyrus and Sony Music may face further legal battles over the alleged similarities between Flowers and When I Was Your Man.
