As a seasoned gamer with a knack for music and legal nuances, I find myself intrigued by this latest turn of events involving Miley Cyrus and Bruno Mars’ songs. Having spent countless hours dissecting game levels and storylines, I can’t help but draw parallels between that process and the analysis of musical compositions in copyright infringement cases.
Miley Cyrus is facing a lawsuit claiming she copied the melody of Bruno Mars’ “When I Was Your Man” in creating her award-winning single, “Flowers.
A legal case initiated on Monday in a federal court in California was instigated by Tempo Music Investments, who purchased a portion of the copyright for the song “Mars” from its writer Philip Lawrence last year. The lawsuit alleges that Miley Cyrus deliberately copied parts of the track, which is considered as an act of infringement.
In the lawsuit, not only Miley Cyrus but also the co-writers Gregory Hein and Michael Pollock, as well as publishers Sony Music Publishing, distributors like Apple, Live Nation, and Amazon, were mentioned. Interestingly, Mars is neither a plaintiff nor a defendant in this case.
Flowers,” a song penned following Cyrus’ separation from Liam Hemsworth, skyrocketed to fame upon its release in January 2023, debuting at the summit of the Billboard Hot 100 chart and remaining there for eight consecutive weeks. A year after its launch, it garnered Cyrus her first Grammy Award.
As a die-hard fan, it didn’t take me long to notice striking resemblances between Miley Cyrus’ latest track and “When I Was Your Man,” a hit from 2013. To many of us fans, it seems that Miley’s song carries strong influences from this beloved tune.
Tempo Music asserts that “Flowers” is a non-authorized adaptation of Mars’ song. They highlight significant resemblances in the melody, chord progression, and chorus as evidence.
The starting and ending notes of the lead vocal in the chorus of ‘Flowers’ are the same as those in the lead vocal during the verse of ‘When I was Your Man,’ according to the claim.
The lawsuit details overlaps in the melodic designs of the songs, which Tempo Music says share the same “musical fingerprint.” It also cites a side-by-side comparison of the lyrics. While Mars sings “That I should have brought you flowers and held your hand,” Cyrus sings “I can buy myself flowers and I can hold my own hand,” for instance.
Alex Weingarten, representing the company, notes in the lawsuit that the words of both songs imply that their musical resemblance isn’t merely accidental,” is one way to paraphrase this sentence in a natural and easy-to-read manner.
In this situation, Cyrus could potentially claim that her actions fall under the umbrella of fair use. This legal concept shields individuals who utilize copyrighted content in creating new works, provided these new works are considered “transformative,” meaning they offer a fresh perspective or interpretation on the original work.
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2024-09-17 20:54