Federal Judge Denies Dismissal in Miley Cyrus 'Flowers' Copyright Lawsuit — Case Proceeds Despite WMG's Tempo Ownership
A federal judge has denied a dismissal motion in the copyright lawsuit against Miley Cyrus' "Flowers," which alleges infringement of Bruno Mars' "When I Was Your Man." The case, filed by Tempo Music Investments in September 2024, will proceed.
Miley Cyrus singing with microphone
Tempo Music Investments claims to have purchased an interest in "When I Was Your Man" from co-writer Philip Lawrence in 2020. The lawsuit alleges that Cyrus and others used elements of the Mars hit without authorization to create "Flowers."
Judge Dean Pregerson rejected the defendants' argument that Tempo lacked standing to sue for infringement. In his ruling, he clarified that when a co-owner transfers their interest, the transferee becomes a co-owner of the copyright and can sue for infringement without joining other co-owners.
The defendants in the case include:
- Miley Cyrus
- Warner-Tamerlane Publishing
- Deezer
- Sony Music Publishing
- Concord
- iHeartMedia
- Live Nation
- Walmart
- Xandrie (Qobuz parent company)
Miley Cyrus singing on stage
Notably, Warner Music Group (WMG) acquired a controlling stake in Tempo Music last month, creating an interesting dynamic in the case. Deezer, controlled by WMG parent Access Industries, must respond to the suit by April 9th, while Xandrie's response is due by March 26th.
Miley Cyrus singing during live performance
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