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Miley Cyrus Perhaps having to face the music when a federal judge seems “likely” to reject his attempt to reject an action in violation of the copyright filed on his single winner of a Grammy “Flowers”, who accused the singer-songwriter to copy the successful song of Bruno Mars “When I Was Your.”
During a legal hearing in Los Angeles on Monday, judge Dean D. Pregerson “said on several occasions” that he agreed that the applicant, Tempo Music Investments, had the legal position to continue the case, according to the Rolling Stone.
In September, Tempo Music Investments filed a complaint against Cyrus and several co-accused, alleging that “Flowers” wore “striking similarities” with “when I was your man”, including “many melodic, harmonic and lyrical elements”.
Miley Cyrus accused of having copied Bruno Mars in the trial on the song “ Flowers ”
Cyrus lawyers rejected the complaints and filed a request for rejection of the prosecution, arguing that tempo music Investments, which has only a fractional part of the March song that the company bought from one of its co-authors, Philip Lawrence, around 2020, did not have the position to continue on “Flowers”.
A federal judge seems “likely” to reject the request of Miley Cyrus of dismissal after being prosecuted for having allegedly copied one of the successful songs of Bruno Mars. (Getty Images / Getty Images)
However, Rolling Stone reported that Pregerson seemed to agree on several occasions with the arguments presented by Tempo Music Investments lawyer Alex Weingarten.
“There is a deep political question in court. Adopting the rule exhorted by [Cyrus] would turn the Whole music industry, Indeed, the technological industry too, in the ear. The policy behind the law on copyright allows people to [sell] Their interests in copyright, “said Weingarten in court, according to the point of sale.
Pregerson seemed to indicate the support of the reasoning, noting: “or if someone dies and someone acquires an interest through a succession. Suddenly, he loses the right to apply it.”
According to Rolling Stone, Pregerson had previously questioned what would motivate anyone to buy a fractional part in a song “knowing that they could never apply it” unless you have obtained permission from all co-authors.
“Precisely, your honor,” replied Weingarten. “It is absurd. If a right does not include the right to apply this right, then the law does not make sense. You cannot have a rule where if a copyright owner dies, their succession is not able to enforce this copyright.”
Pregerson did not immediately rendered the decision concerning the request for rejection. However, he said he would make a written decision in the coming weeks and months.
A trial allegedly alleged that the tube of Miley Cyrus, “Flowers”, forced “similarities” with the song by Bruno Mars “when i was your man”. (Getty Images / Getty Images)
According to the Reno, Nevada, Radio station ten country@97.3, Citing the report of court notes, the judge would have declared that he would probably reject a request for rejection of the case “on the grounds that he thought that the complainants have a” merit “.
Cyrus won his first set of Grammy wins For record of the year and the best solo pop performance for “Flowers” at the 66th annual awards exhibition in February 2024.
The “Wrecking Ball” Hitmaker interpreted the song live during the ceremony, and “Flowers” also won the best international honors of the songs at the 2024 Brit Awards.
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“Flowers” has become a night feeling, making its debut at n ° 1 in the Billboard Hot 100 table and breaking the record to become the fastest song to reach a billion rivers on Spotify.
“Adopt the rule invoked by [Cyrus] The whole music industry would run, indeed the technology industry too, in the ear. “”
The Tempeo Music Investments trial said: “Any fan of Bruno Mars ” When I was your man ‘Knows that Miley Cyrus’` Flowers ” did not succeed alone. “
“Flowers” duplicate many melodic, harmonic and lyrical elements of “When I Was Your Man”, including the melodic height design and the verse sequence, the connection line of connection, certain bars of the chorus, certain theatrical musical elements, lyrical elements and specific agreements of agreements “, affirms the costume.
“It is undeniable, based on the combination and the number of similarities between the two recordings, that” flowers “would not exist without” when I was your man “.
A comparison side by side of the words of the two songs was included in court documents. (Trial of temporal musical instruments / foxbusiness)
The trial says that “the opening vocal line of the” Flowers “choir begins and ends on the same agreements as the opening vocal line in the verse of” When I was your man “.”
The documents included a side by side of words of “When I Was Your Man” and “Flowers” to demonstrate the alleged similarities.
The lyrics presented in “When I Was Your Man” include “I should have brought you flowers”, “and held your hand”, “should have given you all my hours” and “take you to every party because everything you wanted to do was dance”.
Meanwhile, the words “Flowers” include “I can buy flowers”, “and I can hold my own hand”, “Talk to me for hours” and “I can get dancing”.
March was not mentioned as a applicant in the trial.
With Cyrus, the co-writers of “Flowers” Gregory Hein and Michael Pollack were listed in the trial for the alleged “unauthorized” of the song. Several defendants, as well as Sony Music Publishing And Apple, were also appointed in court documents.
The success of March “When I Was Your Man” was written by the singer, Philip Lawrence, Ari Levine and Andrew Wyatt.
Bruno Mars was not appointed applicant in the trial. (Images Theo Wargo / Getty for images of the Recording Academy / Getty)
After its release in December 2012, “When I Was Your Man” became a mega-hit. After more than 16 weeks in the Billboard Hot 100 tracks, the song of Mars was climbed to No. 1 in April 2013.
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Mars also received a Grammy nomination for the best solo pop performance for the melody in December 2013, and in 2014, the song won the “most interpreted” prize at The Pop Music Awards organized by the American Society of Composers, Authors and Publishers (ASCAP).
In May 2021, “When I Was Your Man” received his 11th Platinum certification.
Miley Cyrus filed a request in dismissal in November. (Vijat Mohindra / Peacock / Nbcu Photo Bank via Getty Images / Getty Images)
Dan Stone, a partner of the Greenberg Glusker litigation group, told Fox Business that copyright prosecutions are “very common” but they rarely involve celebrities. He said that Cyrus had been appointed defendant because she was one of the co-authors of “flowers”.
Stone also weighed if Cyrus would have difficulty proving that she and her co-authors did not plagiarize “when I was your man”.
“The applicant will have to prove that “flowers” He has violated the copyright of the musical composition “When I was your man,” he said. “If the parties did not settle before the trial, a trial would probably include testimonies on the way in which Miley and his co-authors wrote” Flowers “.
“The two parties would generally offer testimonies of experts from musicologists trained on the question of whether” flowers “and” when i was your man “are significantly similar songs, including a comparison of partitions and words,” he explained.
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Stephanie Giang-Panon by Fox Business and Tracy Wright contributed to this report.
