Miley Cyrus has responded to the copyright infringement claim in respect of her 2023 single “Flowers”. In September, we reported that Miley Cyrus’ song “Flowers” was the centre of a copyright infringement case brought by Tempo Music Investments, as it alleged the song was an unauthorised exploitation of the Bruno Mars’ “When I Was Your Man” song released in 2013. Tempo Music Investments owns a portion of the rights in Mars’ song, and seeks a sum of unspecified damages and order that will prohibit Cyrus from reproducing, distributing, and performing the song.
Cyrus’ attorneys have called for the case to be dismissed on the basis that there is a “fatal flaw” in Tempo’s case as Mars and his other co-writers have chosen not to be plaintiffs. Thus, they argued that US copyright law does not give Tempo standing to bring the case without the consent of the other owners to the song, as alone it only has a “partial interest” in the song. Of course, Tempo’s attorneys argued against the motion and alleged that it was “intellectually dishonest”. They further suggested that Cyrus was trying to make technical and defective arguments in place of a substantive defence, and that it is clear that Tempo has clear rights to bring the case.
It will be interesting to find out the Judge’s ruling on the motion, and if the parties will get the chance to argue the case in depth.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
