Miley Cyrus Moves to Dismiss "Flowers" Copyright Suit, Citing "Commonplace" Musical Elements

Miley Cyrus’s legal team argues that the alleged similarities between "Flowers" and Bruno Mars's "When I Was Your Man" are unprotectable musical building blocks.

By: AXL Media

Published: Feb 27, 2026, 10:04 AM EST

Source: MUSIC BUSINESS WORLDWIDE

The Argument for Musical "Building Blocks"

In a detailed filing submitted to a California federal court, Cyrus’s legal team asserts that the plaintiff's claims rely on abstract musical segments rather than unique creative expression. The defense argues that the chord progressions and pitch sequences identified as similar are foundational to the pop and R&B genres and have been used in countless songs throughout music history. By characterizing these elements as "public domain" building blocks, the motion suggests that a ruling in favor of the plaintiff would set a dangerous precedent, effectively "privatizing" basic musical scales and structures.

Strategic Rationale: Avoiding a Jury Trial

The move to seek summary judgment is a strategic attempt to resolve the case through a judge's ruling rather than a protracted and unpredictable jury trial. In recent years, high-stakes music copyright cases—such as those involving Ed Sheeran and Katy Perry—have increasingly focused on the distinction between "inspiration" and "infringement." By filing this motion, Cyrus’s team is attempting to establish early on that the case lacks the "substantial similarity" required by law, thereby protecting the artist from potential damages and the reputational risks associated with a public trial.

Transformative Analysis: The "Answer Song" vs. The Copy

Central to the cultural discourse surrounding this case is the concept of the "answer song." While "Flowers" is widely interpreted by fans as a lyrical response to the themes of regret in the Bruno Mars track, the defense argues that a thematic "nod" or "dialogue" between songs does not constitute a legal theft of intellectual property. This transformation of a male perspective of regret into a female perspective of independence is a hallmark of artistic evolution. The legal challenge here is whether the law can distinguish between a conceptual tribute and a structural imitation, a distinction that is becoming increasingly blurred in the digital sampling and interpolation era.