Miley Cyrus Attempts to Get Bruno Mars “Flowers” Lawsuit Dismissed Over One “Fatal Flaw”

There has been an update on Miley Cyrus’ ongoing legal battle with Tempo Music Investment for allegedly copying Bruno Mars’ 2012 song, “When I Was Your Man.” Cyrus’ attorneys filed a lawsuit in Los Angeles federal court to dismiss the lawsuit given that it only pertains to one of the song’s writers, who is not Mars.

For context, Mars did not file the suit, rather, Tempo Music Investment did after they bought the rights to the song from one of his co-writers. The specific grounds Tempo is suing Cyrus under include her reported theft of the song’s “melodic and harmonic material,” “pitch ending pattern,” and “bass-line structure,” per Billboard. However, Cyrus’ legal team is refuting the claims and trying to get the case dismissed because of one “fatal flaw.”

Miley Cyrus & Tempo Music Investment’s “Fatal Flaw”

The “fatal flaw” Miley Cyrus’ attorney is referencing is Mars’ complete lack of participation in the lawsuit. Cyrus’ attorneys wrote, “Plaintiff unambiguously [says] that it obtained its claimed rights in the ‘When I Was Your Man’ copyright from only one of that musical composition’s four co-authors” and “that is a fatal and incurable defect in plaintiff’s claim.”

Given Mars’ absence in the lawsuit, Miley Cyrus’ legal team, particularly Peter Anderson, claimed that Tempo only acquired a “partial interest” from the songwriter. That being so, Tempo only has non-exclusive rights to the song. Anderson added, “Plaintiff brings this copyright infringement action alone — without any of that musical composition’s co-authors or other owners” and “Without the consent of the other owners, a grant of rights from just one co-owner does not confer standing.”

Tempo’s Rebuttal

In response to Anderson’s comments, Tempo’s lead counsel, Alex Weingarten stated, that Cyrus’ legal team is “intellectually dishonest” and are “Seeking to make bogus technical arguments because they don’t have an actual substantive defense to the case,” per Billboard. “We’re not an assignee; we’re the owner of the copyright. The law is clear that we have the right to enforce our interest,” he added.

Following “Flowers” 2023 release, it spent eight weeks at No. 1 on the Billboard Hot 100 and incited many comparisons between the Bruno Mars classic. However, it was not until September 2024 that Tempo Music Investment served Miley Cyrus and her counsel with the official suit.