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Judge Pushes Back on Miley Cyrus’ Motion to Dismiss Flowers Copyright Lawsuit
Legal battle over Flowers and When I Was Your Man heats up as judge questions Cyrus’ argument

Image via Tinseltown / Shutterstock
Miley Cyrus’ attempt to dismiss a copyright lawsuit over her hit Flowers has hit a roadblock. A Los Angeles federal judge signaled on Monday that he’s leaning toward rejecting her legal team’s request to throw out the case, which alleges that Flowers borrows elements from Bruno Mars’ When I Was Your Man.
The lawsuit wasn’t filed by Mars himself but by Tempo Music Investments, a company that acquired a share of the song’s rights from co-writer Philip Lawrence. Cyrus’ legal team argued that Tempo lacks standing to sue without the involvement of Mars and the song’s other co-writers, but Judge Dean D. Pregerson appeared skeptical. He questioned whether dismissing the case would disrupt standard industry practices around music rights ownership.
While no final ruling was made, this signals that the case is likely to move forward. Tempo claims that Flowers copied When I Was Your Man beyond just lyrical references, pointing to alleged similarities in melody, harmony, and structure. Cyrus’ team has firmly denied any infringement, maintaining that the songs share only common musical elements not protected by copyright.
The Flowers vs. When I Was Your Man debate has been swirling since the song’s release in January 2023, with fans speculating that Flowers was a direct response to her ex-husband Liam Hemsworth’s reported love for Mars’ ballad. Now, the legal battle over the song’s origins is far from over.