The blooming success of Miley Cyrus‘s Grammy-winning hit “Flowers” is facing a chill as the legal battle over the song’s origins continues to heat up. Known for her portrayal of Disney‘s Hannah Montana, Cyrus’s best efforts to pull the lawsuit out of the court docket are failing; the company accusing her of copyright infringement is doubling down on their claims, stating the similarities between the two songs are “undeniable.”
The argument for the “Answer Song” theory
The lawsuit began as a result of the striking similarities between Cyrus’s “Flowers” and the 2012 Bruno Mars ballad “When I Was Your Man.” Although the original intention behind Cyrus’s song was to serve as a clever “answer song” for her ex-husband, who allegedly dedicated the Mars song to her in the first place, the tribute went too far, according to Tempo Music, which believes the tribute constituted nothing less than “plain theft.“
Tempo Music, which holds the rights to the song because one of the writers is Philip Lawrence, filed their newest set of court documents this Wednesday, urging the federal judge to deny Cyrus’s motion to dismiss the lawsuit. The lead attorney for the plaintiff, Alex M. Weingarten, argues the similarities between the two songs go far beyond the typical lyrical themes.
According to Billboard, Weingarten wrote, “It took a character from ‘Man’ and had her recite the same experience using the same keywords for the same commercial purpose.”
The plaintiff’s legal team made the following points in their latest filing:
- The music is essentially identical and appears to have been copied directly.
- The identical nature of the melody and harmonies used in both songs indicates that this is no coincidence.
- The specific pattern of notes used in the final pitch of both choruses is also similar and cannot be ignored.
- The pattern of the bass line is similar to that of the 2012 hit song.
- The arrangement of words used in the chorus is also under copyright law.
The plaintiff also targeted Cyrus’ defense that claimed the song could potentially be used under “fair use” because it could be used as a parody or criticism of the original. This defense was quickly shot down by Tempo’s attorneys, who claimed that this defense is “meritless” because Cyrus is essentially saying that she did not borrow from the song and also that she is using it as a criticism.
With “Flowers” holding down the top spot on the Billboard Hot 100 for eight weeks straight, this was a big deal. If the judge agrees with Tempo’s attorneys, then this will go to a jury trial to see if this is an original work or if it is a sophisticated rewriting of a modern classic.
