Why Bruno Won’t Be Buying Miley Flowers: A Copyright Discord

Pop music is no stranger to drama, but this latest dispute has a particularly catchy hook. In September 2024, Tempo Music Investments filed a lawsuit against Miley Cyrus, alleging her smash hit “Flowers” took a little too much inspiration from Bruno Mars’ 2013 ballad “When I Was Your Man.” Tempo Music, which owns a slice of the copyright through co-writer Philip Lawrence, claims “Flowers” borrows melodic, harmonic, and lyrical elements from the Mars classic.

But Miley isn’t letting the petals fall without a fight. Her team responded with a motion to dismiss, arguing the similarities are purely coincidental. They also claim Tempo Music doesn’t have standing to sue because it doesn’t hold the exclusive rights required to take legal action under copyright law.

Unpacking the Copyright Tango

This case hits all the right notes for a deep dive into music copyright law. Here are the key issues at play:

1. Substantial Similarity
   For Tempo Music to win, they need to prove that “Flowers” is “substantially similar” to “When I Was Your Man” and that Miley or her team had access to the original song. Miley’s defense? Any resemblance comes down to unprotected musical ideas—like chord progressions or general themes—that aren’t eligible for copyright protection.
2. Who Owns What?
   Tempo Music’s claim rests on their partial ownership of the song’s copyright. But here’s the catch: only exclusive rights holders—those who control reproduction, distribution, or public performance rights—can sue for infringement. Without exclusive control, Tempo’s case might wither before it even blooms.
3. The Fair Use Factor
   While fair use hasn’t been raised in this case, it’s a concept worth considering. If “Flowers” could be seen as transformative—adding new meaning or purpose to the original—it might qualify for fair use. That said, proving this defense would require a nuanced analysis of the song’s character and intent, something we’re not seeing in this legal battle (yet).

Lessons for Creators: Keep Your Art Out of the Legal Weeds

This case isn’t just a headline—it’s a teachable moment for anyone in creative industries. Here’s how to avoid similar disputes:

• Inspiration vs. Imitation:
  Creators should understand where inspiration ends and infringement begins. Workshopping your project with a legal expert early in the process can prevent accidental overlaps.
• Crystal-Clear Contracts:
  When collaborating, spell out who owns what—and who can enforce rights. Partial ownership might sound like a win, but it can lead to thorny disputes if one party acts without the consent of others.
• Proactive Legal Oversight:
  Before releasing your masterpiece, consider having it reviewed by copyright-savvy legal counsel. An ounce of prevention here can save a ton of legal headaches later.

Final Chorus

The “Flowers” copyright saga isn’t just about pop stars; it’s a powerful reminder of the importance of understanding copyright law. For artists, businesses, and creators alike, this case underscores the value of strong agreements, thorough planning, and proactive management. In the battle between creativity and copyright, a little legal savvy can keep your projects flourishing without stepping on anyone else’s toes—or tracks.

Trademark Questions? Contact Carrie Ward

Carrie Ward has years of experience in intellectual property law, including helping clients secure their trademark rights and representing them in trademark disputes before the TTAB. Her work with a wide range of clients, including media companies, filmmakers, and other creatives, and her time spent in-house at ABC and at what is now known as Audacy gives Carrie the depth and the background to understand the importance of intellectual property to growing and established businesses.

If you have questions about your company’s intellectual property, including trademarks, call Carrie today at 856-354-7700 to set up a time to speak with her.