Miley Cyrus is seeking dismissal of a copyright infringement lawsuit over her 2023 hit “Flowers”, arguing that common themes in breakup songs cannot be owned.
In a recent court filing, her legal team requested summary judgment in an effort to end the case without proceeding to trial.
Claims Over Bruno Mars Track
The lawsuit was filed in 2024 by Tempo Music Investments. The company alleges that “Flowers” copies melodic, harmonic, and lyrical elements from Bruno Mars’ 2013 ballad “When I Was Your Man”.
Tempo acquired partial rights to the song from co-writer Philip Lawrence. Bruno Mars is not listed as a plaintiff and is not personally involved in the legal action against Cyrus.
Defence Argument: Structural and Thematic Differences
Cyrus’ legal team, led by attorney Peter Anderson, argues that the two songs differ significantly in structure, tone, and message.
They describe “When I Was Your Man” as a slow, piano-driven ballad expressing remorse from a male perspective after a failed relationship. In contrast, “Flowers” is framed as an upbeat dance-pop track delivered from a woman’s viewpoint, centred on self-reliance and empowerment following a breakup.
“No One Owns These Words”
In the filing, her lawyers state that overlapping ideas such as regret, reflection, and role reversal are standard tropes in breakup music.
A central line in the defence reads, “No one owns these words,” emphasising that general emotional themes and commonly used phrases are not protected under copyright law.
The defence also invokes the concept of an “answer song”, arguing that “Flowers” comments on or reinterprets the earlier narrative, a recognised tradition within the music industry.
Case Status and Next Steps
A motion to dismiss filed in late 2024 was denied, allowing the case to move into the discovery phase. The latest filing contends that there are no material factual disputes requiring a jury’s evaluation.
The case remains before a federal court in Los Angeles. If the request for summary judgment is denied, the lawsuit could proceed to trial, potentially influencing future rulings on answer songs and copyright protection in pop music.
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