Miley Cyrus Moves to Dismiss ‘Flowers’ Copyright Lawsuit: “No One Owns These Words”

Pop superstar Miley Cyrus is asking a federal judge to throw out a high-profile copyright lawsuit alleging that her global hit “Flowers” copied elements of Bruno Mars’ 2012 ballad “When I Was Your Man.” In a newly filed motion for summary judgment, Miley Cyrus’ legal team argues that the two songs are fundamentally different in tone, message, and composition — and that no artist can claim ownership over common breakup-song phrases.

The Copyright Infringement Claim Explained

The lawsuit was filed by Tempo Music Investments, a company that owns a share of the publishing rights to “When I Was Your Man” through co-writer Philip Lawrence. Notably, Bruno Mars himself is not directly involved in the case.

Tempo Music alleges that “Flowers” copied multiple elements of the earlier track, including melodic patterns, harmonic structure, bass lines, and lyrical themes. The case, first filed in 2024, has drawn intense public attention due to the massive commercial success of “Flowers,” which topped charts worldwide and became one of the most-streamed songs of 2023.

However, Miley Cyrus’s attorneys argue that the similarities cited in the lawsuit are either coincidental or involve unprotectable, generic elements common in pop music.

“Commonplace Tropes” in Breakup Songs

At the center of the dispute are lyrics that fans have long linked between the two songs. Mars famously sings, “I should’ve bought you flowers,” while Cyrus counters with “I can buy myself flowers.”

According to Miley Cyrus’ legal team, this call-and-response dynamic does not amount to copyright infringement.

“No one owns these words,” her attorneys state in the filing, describing them as “commonplace tropes in breakup songs.” They argue that references to flowers, regret, independence, and lost love are recurring themes across decades of popular music.

The motion also points out that other artists — including Justin Bieber in his 2011 song “That Should Be Me” — have used similar imagery in breakup narratives without triggering infringement claims.

Key Differences Between the Songs

Miley Cyrus’ lawyers emphasize the stark contrast in perspective and style between the two tracks.

“When I Was Your Man” is described as a slow, piano-driven ballad told from the perspective of a man filled with regret over a failed relationship. In contrast, “Flowers” is an upbeat pop anthem celebrating independence and self-reliance from a woman’s perspective.

Musically, the defense argues there is no substantial melodic overlap and that any shared structural elements are too generic to qualify for copyright protection.

The Fair Use Defense

In addition to denying substantial similarity, Cyrus’ team raises a second major argument: fair use.

Under U.S. copyright law, fair use permits limited use of protected material when it comments on, critiques, or transforms the original work. While Cyrus maintains that “Flowers” is entirely original, her attorneys argue that even if listeners perceive it as an “answer song,” that interpretation would strengthen a fair use defense.

The filing notes that many fans have viewed “Flowers” as a response to Mars’ earlier hit. Rather than harming the original track’s market value, Cyrus’ lawyers claim that streams of “When I Was Your Man” actually increased following the release of “Flowers.”

Miley Cyrus is asking the court to grant summary judgment — effectively dismissing the case without proceeding to a jury trial. If denied, the lawsuit could move forward into a more detailed examination of musical composition and copyright law.

The outcome could have broader implications for the music industry, particularly around how courts define originality, lyrical ownership, and the boundaries of artistic inspiration.