Miley Cyrus says 'Flowers' doesn't infringe on a Bruno Mars single and that the firm suing for infringement can't act without Mars and his co-writers
In a new dismissal motion filed in federal court in Los Angeles, Cyrus and her co-songwriters reject any claim they copied protectable elements of Mars’ 2013 Hot 100-charting song “When I Was Your Man” when they penned “Flowers.” But they claim the case has a more pressing “incurable defect,” arguing that the investment firm behind the lawsuit has no right to sue without the other co-authors of the song, including Mars, being involved. Mars, notably, is not a party to the lawsuit.
“That is a fatal and incurable defect in plaintiff’s claim,” the new filing argues. “An assignee of only one co-author lacks exclusive rights and, therefore, also lacks standing to sue for infringement.” The motion asks for a dismissal without any chance to amend. In the lawsuit filed last September, Tempo alleges “Flowers” duplicates “numerous melodic, harmonic, and lyrical elements of ‘When I Was Your Man,’ including the melodic pitch design and sequence of the verse, the connecting bassline, certain bars of the chorus, certain theatrical music elements, lyric elements, and specific chord progressions.” The filing calls it “undeniable” that “ would not exist without ‘When I Was Your Man.
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