Miley Cyrus is challenging a copyright claim against her hit song “Flowers” in a renewed bid for dismissal. The claim, which originated in 2024, accuses Cyrus, along with her co-writers Gregory Hein and Michael Pollack, of copying Bruno Mars’ 2012 track “When I Was Your Man.” The plaintiff is Tempo Music Investments, which acquired rights to a part of Mars’ song from co-writer Philip Lawrence.
Background of the Case
The legal dispute has been ongoing, with Cyrus’s team previously attempting to dismiss it in 2025. Those efforts did not succeed, prompting her legal counsel to mount a fresh defense. Cyrus’s lawyers argue that no one should claim ownership over common elements typically found in breakup songs.
Key Arguments in Defense
- The musicologist Anthony Ricigliano, who supports Tempo’s claims, allegedly failed to research prior art.
- Cyrus’s team emphasizes that “When I Was Your Man” and “Flowers” represent different perspectives on relationships.
- The defendants assert that the chord progressions are basic musical elements not eligible for copyright protection.
Cyrus’s legal team has noted that “When I Was Your Man” is a slow ballad from a man’s viewpoint, emphasizing regret. In contrast, “Flowers” presents a woman’s perspective celebrating independence after a breakup.
Music Theory in Legal Defense
To bolster their argument, Cyrus’s lawyers invoke music theory. They contend that the similarities identified by Ricigliano cannot support a copyright infringement claim. According to Cyrus’s team, the chord progressions used in both songs, which include common chords like A minor, D minor, G major, and C major, are typical “circle of fifths” progressions. They argue that these elements are unprotectable.
Details on the Musical Elements
- The ‘grand pause’ before the chorus of each song is a common musical technique that should not be copyrighted.
- The additional B pitch chord mentioned is used differently in each song, further disputing claims of similarity.
The defendants have highlighted distinctions in the lyrical themes. While both songs address breakups, the messages are fundamentally different.
Next Steps in the Legal Process
Tempo Music Investments has not yet responded to these developments but is expected to present its case in court next month. The outcome may have significant implications for how copyright law applies to musical compositions, particularly in regards to commonly used tropes in songwriting.
