Miley Cyrus Denied in Attempt to Dismiss Copyright Lawsuit Over ‘Flowers'
Cyrus was initially sued in Sept. 2024 by Tempo Music Investments, a company that purchased the catalog rights of 'When I Was Your Man' co-writer Philip Lawrence. Neither Mars nor Lawrence are named as plaintiffs in the case, which Cyrus filed to dismiss in November.
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But in a ruling yesterday, reviewed by Variety, the judge cleared the path towards a trial by stating that Cyrus and her legal team had a 'misunderstanding' of the legal precedent regarding copyrights. Cyrus' team was arguing that Tempo had no right to sue because it acquired Lawrence's rights to 'When I Was Your Man' without the consent of the other songwriters, therefore undercutting their right to sue. But the judge stated that this argument is 'incorrect,' noting that Tempo has an 'exclusive right' to the copyright that should not be conflated with 'exclusive ownership.'
'By transferring all of that interest, Tempo now steps into Lawrence's shoes and is a co‐owner of the exclusive rights of the copyright,' reads the ruling. 'Because Lawrence as a co‐owner could sue for infringement, Tempo as co‐owner, in lieu of Lawrence, can sue for infringement without joining the other co‐owners of the copyright.'
In a statement to Variety, a lawyer for Tempo celebrated the ruling for the case to proceed. 'We are thrilled but not the least surprised by the ruling,' said attorney Alex Weingarten. 'Our client is looking forward to having this case proceed to be resolved on its merits and are extremely confident in prevailing.'
Legal reps for Cyrus did not immediately respond to Variety's request for comment.
Following its release in Jan. 2023, 'Flowers' was a massive hit for Cyrus, spending eight weeks atop the Billboard Hot 100 and winning record of the year at the 2024 Grammys. Fans were quick to note the similarities between 'Flowers' and 'When I Was Your Man' from the start, with social media users comparing apparent similarities in lyrics.
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