Singer asks for the case to be archived and claims that allegations are based on generic similarities
Miley Cyrus presented a defense against accusations that his music Flowers would have plagiarized elements from When I Was Your Man2013 hit by Bruno Mars. The process was opened by the company Tempo Music Investmentswho acquired part of the copyright to the song co-written by Mars. Miley’s legal team argues that the lawsuit has “fatal flaws” and should be thrown out.
Partial copyright
According to Miley’s lawyers, led by Peter AndersonTempo Music only owns part of the rights to When I Was Your Manacquired from co-author Phil Lawrencewhich does not give the company the legitimacy to file the lawsuit without the consent of the other owners.
US law requires the approval of all copyright holders for such an action. This makes the case technically invalid,” Anderson said.
Furthermore, the defense highlighted that the two songs have substantial differences in melody, harmony and structure. Lawyers classified Tempo Music’s allegations as based on “generic similarities”, something common in the music industry and insufficient to constitute copyright infringement.
Tempo Music’s response
The lawyer Alex Weingartenwho represents Tempo Music, countered Miley’s allegations, calling the defense “intellectually dishonest”. He stated that the company does have the legitimacy to protect its interests and accused the singer’s team of using technical arguments to avoid the merits.
‘Flowers’ wouldn’t achieve as much success without ‘When I Was Your Man’, as it copies melodic, harmonic and even lyrical elements from the original song.
The action also includes other defendants, such as Sony Music Publishing, Apple and major retailers, for distributing Miley’s hit song.
Released in 2023 as part of the album Endless Summer Vacation, Flowers it was a global phenomenon. The song was the best-selling song of 2023 and earned Miley her first awards Grammy this year, in the Record of the Year and Best Pop Solo Performance categories.
To date, the case is still being analyzed by the Los Angeles Court. Miley and her lawyers hope the lawsuit will be dismissed, while Tempo Music insists on the validity of the charges.
Source: Rollingstone
Earl Johnson is a music writer at Gossipify, known for his in-depth analysis and unique perspective on the industry. A graduate of USC with a degree in Music, he brings years of experience and passion to his writing. He covers the latest releases and trends, always on the lookout for the next big thing in music.
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