Miley Cyrus Unable to Dismiss 'Flowers' Copyright Lawsuit over Bruno Mars Song: Judge

In September 2024, Tempo Music Investments, which owns a share of the copyright in Mars' 2013 hit, claimed Cyrus had copied his hit

Miley Cyrus attends the 67th GRAMMY Awards on February 02, 2025 in Los Angeles, California; Recording artist Bruno Mars attends the 2018 Billboard Music Awards at MGM Grand Garden Arena on May 20, 2018 in Las Vegas, Nevada.
Miley Cyrus in February 2025; Bruno Mars in May 2018. Photo:

Frazer Harrison/Getty; Kevin Mazur/BBMA18/WireImage

Miley Cyrus won't be able to dismiss a copyright lawsuit alleging similarities between her 2023 hit "Flowers" and Bruno Mars' 2013 track “When I Was Your Man.”

In an order denying the motion to dismiss on Tuesday, March 18 and obtained by PEOPLE, a judge denied the "Wrecking Ball" musician's request to dismiss the lawsuit from Tempo Music Investments, which owns a share of the copyright for Mars' song, from purchasing the catalog rights from the song's co-writer Philip Lawrence.

According to the order, Cyrus, 32, and her legal team had a “misunderstanding” of the legal precedent surrounding what "exclusive" means, which the judge deemed "incorrect."

"Ownership of 'exclusive rights' is not to be conflated with 'exclusive ownership' of rights. The 'exclusive rights' are what is owned collectively by the co‐owners," the order states.

Per the order, "Lawrence’s interest was a co‐ownership interest in the exclusive rights of the copyright."

"By transferring all of that interest, Tempo now steps into Lawrence’s shoes and is a co‐owner of the exclusive rights of the copyright," the filing reads.

A lawyer for Tempo Music Investments tells PEOPLE in a statement that they are "thrilled" but not "surprised" by the ruling.

“Our client is looking forward to having this case proceed to be resolved on its merits and are extremely confident in prevailing," said their attorney Alex Weingarten.

Reps for Cyrus did not immediately respond to PEOPLE's request for comment.

The "Jaded" musician was initially sued in September over similarities between her 2023 hit and “When I Was Your Man.”

In the lawsuit obtained by PEOPLE and filed in a Los Angeles court, Tempo Music Investments — which owns a partial copyright in Mars' hit after it acquired songwriter Lawrence's music catalog — alleged there were "striking similarities" between the pair of songs upon the release of "Flowers."

The complaint further added that "Flowers" "duplicates numerous melodic, harmonic, and lyrical elements" and claimed there was "unauthorized reproduction, distribution and exploitation" of Mars' track.

Songwriters Gregory Hein and Michael Pollack — who wrote "Flowers" with Cyrus — were included as among multiple defendants, along with Sony Music Publishing and Apple. However, Mars, 39, was not named in the lawsuit.

In the filing, Tempo Music Investments asked that the defendants listed stop reproducing, distributing or publicly performing "Flowers." Additionally, they were requesting an undetermined amount of damages.

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Bruno mars los angeles 11 21 21, miley cyrus jimmy fallon 12 09 22
Bruno Mars in November 2021; Miley Cyrus in December 2022.

John Esparza via Getty; Todd Owyoung/NBC via Getty

Reps for Cyrus and Mars did not immediately respond to PEOPLE's request for comment at the time.

In November 2024, the "We Can't Stop" hitmaker denied allegations of plagiarism and filed to dismiss the lawsuit over "Flowers."

Because Tempo Music Investments only partially owned the song, Cyrus' attorneys filed a motion to dismiss the lawsuit, arguing that "only owners of exclusive rights may sue for copyright infringement" and "an assignee of only one co-author lacks exclusive rights and, therefore, also lacks standing to sue for infringement."

At the time, Cyrus and Tempo's legal team did not respond to PEOPLE's requests for comment.

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