Miley Cyrus Claims 'Flowers' Copyright Lawsuit Has A "Fatal Flaw"

Miley Cyrus has finally filed a response to a lawsuit that claims her track 'Flowers' infringes on the copyright of Bruno Mars' song 'When I Was Your Man.' Cyrus argues that the lawsuit contains a "fatal flaw," highlighting that neither Mars nor any other co-writers.  The lawsuit, which claims 'Flowers' stole several elements from Mars' track and "would not exist" without it, was filed by Tempo Music Investments.  The music investment company bought the rights from one of the four co-writers of the track. Cyrus’ attorneys says the fact that the company claims rights to only one of the track’s co-writers is an "incurable defect" in their case and cause for dismissal.  The singer’s attorney, Peter Anderson, argues that the company’s "partial interest" from songwriter Philip Lawrence gave them only "non-exclusive rights" to the song.  Cyrus’ lawyers say that with such limited rights, Tempo Music Investments doesn't have the "standing" to sue under federal copyright law. Tempo Music’s lead attorney, Alex Weingarten, responded by calling Cyrus’ motion "intellectually dishonest" and he claims they have clear standing to sue. "They’re seeking to make bogus technical arguments because they don’t have an actual substantive defense to the case.We’re not an assignee; we’re the owner of the copyright. The law is clear that we have the right to enforce our interest," said Alex Weingarten, Lead Counsel for Tempo Music Investments. 'Flowers' spent eight weeks at the top of the Billboard Hot 100 charts and has been linked by fans to Mars' track since its release. Many fans thought of it as an "answer song," with lyrics that referenced those in the Mars track. According to internet rumors, Mars’ 'When I Was Your Man' was a favorite of Cyrus' ex-husband, Liam Hemsworth, and she was alluding to their divorce in her track. Tempo’s lawsuit claims the track copies the lyric style, "melodic and harmonic material", "pitch ending material", and "bass-line structure." In their latest response, the Disney star’s attorneys argued that the two tracks have “striking differences in melody, chords, other musical elements, and words.” However, the singer’s response mainly focused on the requirement that only "exclusive" copyright owners can file infringement lawsuits.