Miley Cyrus’ copyright infringement lawsuit flowers is notable for the sheer number of individuals and businesses it has prosecuted—from Cyrus himself to flowersSongwriters and publishers, the multiple streaming services that offer the songs, and the retailers that sell the songs.
But Miley Cyrus’ lawyers say the case is notable for the opposite reason: the small number of accusers making the accusations. flowers cheated Bruno Mars‘ when I was your man.
Cyrus’ attorneys have filed a motion to dismiss the case, arguing it is “fatally flawed”: rhythm music – Music rights investors who own partial rights flowers – has filed a lawsuit, and other owners of the combination, including Mars, have not yet joined the case.
Tempo Music “brings this copyright infringement action alone, without any co-authors or other owners of the musical work,” Cyrus’ attorneys wrote in a memo supporting the dismissal, which can be read in full here .
“The Copyright Law clearly stipulates that only the legal or beneficial owner of an exclusive copyright can initiate an infringement lawsuit. [Tempo Music] It is neither and, therefore, it lacks standing to bring this action.
Tempo Music filed suit in September, telling the U.S. District Court for the Central District of California that it had purchased the 2020 copyright catalog from the songwriters philip lawrenceincluding his share as co-author of the 2013 best-selling book on Mars when I was your man. The song also has three other co-writers: Bruno Mars; Ari Levineand Andrew Wyatt.
Tempo’s lawsuit alleges flowers “Many melodic, harmonic and lyrical elements are repeated when I was your manincluding melodic pitch design and verse sequence, connecting bass lines, certain bars of the chorus, certain dramatic musical elements, lyrical elements, and specific chord progressions.
when flowers The song was released in early 2023, and many listeners noticed that the lyrics of the song were similar to when I was your man.
For example, when I was your man Featuring “I should buy you flowers and hold your hand” while flowers Contains the sentence “I can buy myself flowers, I can hold my own hand.”
Many believed it was a deliberate echo of Bruno Mars’ lyrics – a “kiss goodbye” to Cyrus’ ex, Liam HemsworthSaid to be a fan of Bruno Mars when I was your man.
Cyrus’ attorneys, however, deny that any resemblance constitutes copyright infringement.
“The elements allegedly copied are random, scattered, unprotected ideas and musical constructs,” they wrote.
Musical “building blocks”—the basic elements of a song—are not protected by copyright.
Tempo’s lawsuit casts a very wide net, suing Cyrus and Sony Music Entertainmentwhich has the label flowers be released while flowers co-author Gregory “Alday” Hine and Michael Pollackand music publishers Concord Music Publishing House, Warner-Timur Publishing Companyand MCEO Company.
It also named streaming services as defendants Amazon Music, apple music, Diesel, Pandora, sound cloud, tidaland kobuz (Although it is not SpotifyWhere flowers available), plus broadcasters love radio and retailers Barnes & Noble, Target and Walmartthe lawsuit alleges who sold physical or digital copies flowers.
It also names the concert giant live countryselling the song through Cyrus’ official online store, and disneyin a documentary about Cyrus performing flowers.
flowers The song was the best-selling single worldwide in 2023, according to IFPI. It spent 8 weeks at No. 1 on the Billboard Hot 100 chart and 57 weeks at No. 1 on the Billboard Adult Contemporary chart.
when I was your manreleased ten years ago flowersTopped the Billboard Hot 100 in 2013 and was certified platinum 11 times Recording Industry Association of America.
Cyrus’ attorneys asked the court to dismiss the case “with prejudice,” meaning Tempo Music would not be able to refile the case. They also asked the court to order Tempo Music to pay court costs and legal fees.global music business
