Miley Cyrus in the recent past hitmaker of the ‘Flowers’ song currently receive legal threats regarding the accusations of copyright infringement. A copyright infringement lawsuit was filed by Tempo Music Investments, where the service asserts that the ‘Flowers’ star sounds like Bruno Mars’ “When I Was Your Man” from 2013. However, Cyrus has been accused of these things, his lawyers are not relenting and are seeking the case to be thrown out on procedural basis.
The Allegations
Tempo Music Investments, one of the owners of the copyrights for RM 4201, which are partial copyright in ‘When I was your man, claim that ‘Flowers’ was a copy of the Mars’ work on melodic and lyrical content level. Most of the conflict lies in the similarity and the music video and lyrical content, satisfaction and criticism from fans and followers. For instance, Mars sings about Love for lost loved ones but Cyrus’s version of the song is about regaining that Love and becoming stronger as an individual.
Miley Cyrus’ Defense
Cyrus’ lawyers have filed a motion to dismiss the case because Tempo does not have standing to sue. The reason? Regarding the copyright, Tempo only grabbed the half part, with Philip Lawrence who originated from the Tempo music as the owner of the full copyright along with Bruno Mars, Ari Levine, and Andrew Wyatt. In the United States, A person has to be in possession of exclusive rights and hence only one can make an infringement claim【6†source】【7†source】【8†source】.
The motion pointed to the fact that according to the law, Tempo’s claim can be brought only with the consent of all co-owners. In their response, Cyrus’ attorneys stated: “Again, where the other co-owners have not agreed, rights granted do not give anyone standing.”
Tempo’s Rebuttal
Tempo Music claims that by owning a percentage of shares in the company they have the legal right to protect their copyrighted work – Tempo’s incarnation of ‘Smells Like Teen Spirit’ was used without permission or compensation, and Cyrus’ dismissal request can be seen as a ‘technicality’ by which she tries to deflect from the fundamental abuse of rights. As for tempo, they state that there should be no doubt that there are similarities that must be discussed in legal terms.
Broader Implications
It continues to demonstrate that there are still the same controversy that overtake the music industry, based on concerns relating to the protection of the rights to familiarities and sharing similar ideas. Since Cyrus’ “Flowers” is one of the most-streamed songs in the world and a Grammy winner, both singers risk a lot.
What’s Next?
Miley Cyrus’ motion to dismiss remains undecided by the court. Should the case go to court it will reignite discussions on ownership and creativity in the music world. For now, Cyrus still stays on her defense for artistic freedom while Tempo is still on the pursuit of its claim.
