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Miley Cyrus has hit a legal roadblock in the ongoing copyright battle over her 2023 smash hit Flowers. A judge recently denied her request to dismiss a lawsuit claiming that her song is a rip-off of Bruno Mars’ When I Was Your Man, paving the way for the case to move forward.
The lawsuit was first filed in September 2023 by Tempo Music Investments, the company that had acquired the catalog rights of When I Was Your Man co-writer Philip Lawrence. Interestingly, neither Bruno Mars nor Lawrence himself is directly involved in the legal action.
Cyrus and her legal team had attempted to have the case thrown out in November, arguing that Tempo Music Investments lacked the right to sue her. They claimed that because Tempo had acquired Lawrence’s stake in the song without input from the other songwriters, the company didn’t have proper legal standing.
However, the judge disagreed. In the latest ruling, the court determined that Miley’s team had “misunderstood” copyright law. The judge clarified that Tempo, having taken over Lawrence’s share of the rights, now possesses an “exclusive right” to the copyright—meaning they have every legal right to sue for infringement.
The ruling states, “By transferring all of that interest, Tempo now steps into Lawrence’s shoes and is a co-owner of the exclusive rights to the copyright.” In other words, if Lawrence had the right to sue, so does Tempo.
Tempo’s attorney, Alex Weingarten, welcomed the decision, saying his client is eager to move forward with confidence. With the dismissal denied, Cyrus may now have to battle the case in court.
Released in January 2023, Flowers became one of Miley’s biggest hits, but this lawsuit could cast a shadow over its success.