- COURT: C.D. Cal.
- TRACK DOCKET: No. 2:24-cv-07910 (Bloomberg Law subscription)
Miley Cyrus’ hit song “Flowers” copied Bruno Mars’ 2013 track “When I Was Your Man” without permission, according to a federal lawsuit also naming as defendants companies including
Tempo Music Investments LLC sued Cyrus and a suite of music publishers and media companies Monday, alleging they infringed the copyright of Mars’ song, of which it owns a share. The more than two dozen defendants’ “unauthorized reproduction, distribution, and exploitation” of Mars’ song has led to lost profits, the music investment platform told the US District Court for the Central District of California in its complaint.
Also among the list of defendants is major record label
Cyrus has faced copyright infringement allegations before. A Jamaican musician filed a lawsuit in 2018 accusing Cyrus of ripping off one of his songs with her track “We Can’t Stop.” A photographer sued the singer in 2022 over an Instagram photo he argued she didn’t have the right to use. Both cases ended in settlements.
“Flowers” became an “overnight sensation” in January 2023, debuting at the top of the Billboard Hot 100 chart, the complaint said. The song earned Cyrus her first Grammy wins for Best Pop Solo Performance and Record of the Year, it said.
Cyrus’s song “duplicates numerous melodic, harmonic, and lyrical elements” of Mars’ composition, the complaint said, calling the connection “undeniable.” Cyrus’ song copies substantial, recognizable portions of Mars’ track, such as its pitch ending pattern and bass-line structure, it said.
Tempo Music asked the California federal court for statutory damages in the maximum amount of $150,000 per infringement.
Representatives for Cyrus and “Flowers” co-authors Gregory “Aldae” Hein and Michael Pollack didn’t immediately return requests for comment.
Live Nation, Apple, Target, Disney, Sony,
Other defendants couldn’t be reached for comment.
Willkie Farr & Gallagher LLP represents Tempo Music. Counsel for the defendants haven’t yet entered appearances.
The case is Tempo Music Investments, LLC v. Cyrus et al, C.D. Cal., No. 2:24-cv-07910, complaint filed 9/16/24.
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