Let her have her flowers.
Miley Cyrus is refuting allegations her song “Flowers” plagiarized elements of Bruno Mars’ hit “When I Was Your Man.”
According to court documents obtained by The Post, lawyers for the “Hannah Montana” star, 32, filed a motion to dismiss a copyright infringement lawsuit brought against her and her “Flowers” co-writers by Tempo Music Investments on Nov. 20.
Tempo Music owns part of the copyright for “When I Was Your Man,” having supposedly purchased the catalog of one of the song’s co-writers, Philip Lawrence, around 2020. The song’s other three songwriters — Mars, Philip Ari Levine and Andrew Wyatt — are not named as plaintiffs.
Miley Cyrus’ team rejects claims that “Flowers” plagiarized “When I Was Your Man.” mileycyrus/YoutubeIn their filing, lawyers for Cyrus and her co-writers say the hitmakers “categorically deny copying” Mars’ song, adding that “the allegedly copied elements [of ‘Flowers’] are random, scattered, unprotected ideas and musical building blocks.”
Cyrus co-wrote “Flowers” with Gregory Hein and Michael Pollack.
Their motion to dismiss also argues that Tempo Music’s lawsuit has a “fatal flaw,” namely that the company, in the eyes of the defendants, does not have legal standing to file an infringement claim as the firm only partially owns the “When I Was Your Man” copyright.
“Plaintiff unambiguously alleges that it obtained its claimed rights in the ‘When I Was Your Man’ copyright from only one of that musical composition’s four co-authors,” Cyrus’ lawyers write.
Bruno Mars at the BET Awards in 2022 in Los Angeles. Getty Images for BET“That is a fatal and incurable defect in Plaintiff’s claim because the Copyright Act expressly provides that only owners of exclusive rights may sue for copyright infringement.”
The filing goes on to rebuff the specific plagiarism claims.
The Post has reached out to lawyers for Cyrus and Tempo.
Cyrus accepts the Best Pop Solo Performance award for “Flowers” at the Grammy Awards in LA. Getty Images for The Recording AcademyTempo filed its suit against Cyrus on Sept. 16, claiming Cyrus’ song “is the result of intentional copying” of Mars’ track.
“Immediately upon the release of ‘Flowers,’ the public recognized the striking similarities between the song and ‘When I Was Your Man,’ ” according to Tempo’s lawyers.
The complaint further alleged that a “comparison of the lyrics of the two songs also suggests that the musical similarities are no coincidence.”
Mars at the 2018 Billboard Music Awards in Las Vegas. WireImage“It is undeniable based on the combination and number of similarities between the two recordings that ‘Flowers’ would not exist without ‘When I Was Your Man.’ Accordingly, Plaintiff brings this action for copyright infringement arising out of Defendants’ unauthorized reproduction, distribution, and exploitation of ‘When I Was Your Man.'”
Tempo Music has asked the defendants to stop reproducing, distributing or publicly performing “Flowers,” and is seeking an undetermined amount of damages.
The Post has reached out to reps for Cyrus and Mars.






