Attorneys for Miley Cyrus are hoping to end a copyright infringement lawsuit. Last September, Tempo Music Investments alleged copyright infringement against Cyrus and three co-writers for her Grammy-winning song “Flowers.”
Tempo’s complaint accuses the song of copying several musical parts from the Bruno Mars track “When I Was Your Man.” Tempo became a co-owner of the Bruno Mars song after it purchased the musical catalog of Philip Lawrence, one of the "When I Was Your Man" co-writers.
In her dismissal motion, Cyrus argues that Tempo lacks the right to sue for copyright infringement because it is not the exclusive owner of the Bruno Mars song. According to Rolling Stone, U.S. District Judge Dean D. Pregerson appeared to disagree with Cyrus after hearing from both sides during a court hearing in downtown Los Angeles. However, the court still hasn’t issued an official ruling on Cyrus’ motion to dismiss.
Copyright infringement cases can get complicated, especially in the music industry. Let’s break down Miley Cyrus’ attempt to get the case thrown out.
Who Owns the Copyright?
Copyright is a type of intellectual property protection for original creations. It gives security to artists so they can prevent others from copying their work or making money from it.
The Copyright Act protects songwriters by giving them exclusive rights to their original music and preventing others from using their work without permission. In this case, Tempo must first prove they have the ownership required to bring a copyright claim against Cyrus before battling over whether or not her song is substantially similar to theirs. So, does Tempo own “If I Was Your Man” in a way that gives it the right to sue for copyright infringement?
Does Tempo Have Standing?
To bring a lawsuit in court, the party must first have “standing.” This means they must show they’re directly affected or harmed by the legal issue they’re complaining about.
The Copyright Act provides that only the legal or beneficial owner of an exclusive right has standing to sue for infringement. In this case, Cyrus and the other defendants, including Sony Music Publishing, claim that Tempo lacks standing because it doesn’t fully own the song. They argue that because Tempo purchased a fractional share from one of the song’s co-authors, it only has non-exclusive rights to the copyrighted work. Cyrus’ team says Tempo needed to obtain consent from the other owners of the song in order to have standing to bring the lawsuit.
Tempo lawyer Alex Weingarten argues that purchasing a share of a song includes the right to enforce that ownership. He claims Tempo can take legal action against Cyrus if it believes its rights to the song are being violated.
To determine whether Tempo has standing, the court must decide whether the company obtained exclusive rights to the song when it purchased its quarter interest. The judge seemed sympathetic at the hearing, pointing out that a shared interest should include the right to protect their new ownership against everyone else.
The Flowers’ Lawsuit and the Music Industry
Whatever the judge ultimately decides could affect the rights of musicians in the future. It’s not uncommon for songs to have multiple writers and owners. If the court determines that partial owners can sue for copyright infringement, anyone with an ownership piece of a song could pursue legal action to protect their interest, making it easier for people to protect their work through lawsuits.
As for Cyrus, even if the motion is dismissed, she still has the chance to make her case in front of a jury. She could also settle, in which case she will not just be writing her name in the sand; she might also have to sign her name on a check.
Related Resources
- Transfer of Copyright (FindLaw’s Learn About The Law)
- Artists Might Like Birkenstocks, but They Are Not Art (FindLaw’s Legally Weird)
- Who Owns a Copyright? (FindLaw’s Learn About The Law)
