Miley Cyrus Faces Copyright Lawsuit Over Hit Song “Flowers”
According to recent reporting from NBC 6 South Florida, pop star Miley Cyrus is facing a copyright infringement lawsuit over her hit song “Flowers.” The complaint—filed in federal court in Los Angeles—contends that the ultra-popular song copied key elements of the Bruno Mars song “When I Was Your Man” without the proper authorization. Here, our Florida copyright law attorney discusses the case in more detail and highlights things that musicians need to know about copyright law.
Copyright Infringement Lawsuit: Flowers Allegedly Copied 2013 Bruno Mars Song
Miley Cyrus is facing a copyright infringement lawsuit over “Flowers“, a song that was released in 2023. The lawsuit—which was brought by a company called Tempo Music Investments—alleges that the song borrows (without authorization) from Bruno Mars’ 2013 song “When I Was Your Man.” The copyright infringement complaint was filed in the United States District Court for the Central District of California. It alleges that there are many similar features between the two songs, including melodic, harmonic, and lyrical elements. Tempo Music Investments is seeking damages.
Songs are Protected By Copyright Law in Two Separate Ways
Songs are a form of intellectual property (IP). A song is primarily protected by copyright law. Notably, there are two separate ways in which most songs are entitled to copyright protection:
- Musical Composition: Copyright law covers the music itself—the melody, lyrics, and any other musical components as written and composed. Federal copyright law protects the rights of the composer to reproduce, perform, and/or distribute the composition. The composition is essentially the blueprint of how a song should sound.
- Sound Recording: Copyright law also protects the sound recording. In other words, the law protects the actual recorded performance of a song. It covers the specific arrangement and performance of a song—as captured in the recording. Described another way, copyright for a sound recording does not protect the underlying music or its lyrics but the recorded form.
Multiple parties may have copyright interests for the same song. Each type of copyright helps ensure that creators and producers can control their original works.
Musicians Need to Protect their Intellectual Property (IP) Rights
Music is intellectual property (IP). In fact, it is one of the most valuable forms of IP. As a musician who creates innovative work, it is crucial that you protect and develop your rights. Copyright law allows musicians in Florida to control the use and distribution of their work—including the song, the performance, and any sound recording(S). IP rights may allow for licensing deals. A top Florida brand protection lawyer can help musicians develop their IP rights.
Contact Our Copyright Law Attorney in South Florida Today
At Perkins Law, our Florida copyright lawyer is standing by, ready to help you navigate even the most complex of IP cases. If you have any questions or concerns about copyright infringement, we can help. Give us a call now or contact us online for your completely confidential consultation. With an office in Boca Raton, we represent clients in copyright matters throughout Southeastern Florida.
Source:
nbcmiami.com/entertainment/entertainment-news/miley-cyrus-sued-flowers-song-bruno-mars/3419845/?os=vbkn42&ref=app&=1
