Miley Cyrus Moves to Dismiss “Flowers” Lawsuit Before Trial

Miley Cyrus’s legal team has filed a motion to dismiss the 2024 lawsuit against her in relation to her hit song, “Flowers.” The new motion states that the plaintiff’s musicologist, Anthony Ricigliano, did insufficient research into the protected elements of both songs before the initial suit.

The details:

• Cyrus’s lawyers claim that Ricigliano identified similar pitch sequences rather than melodies.

• They argue that melodies are protected, whereas pitch sequences are not.

• They also argue that the chord progression follows the "circle of fifths," and as such is too basic to be protected.

• The plaintiff, which is listed as Tempo, the music rights-acquiring fund, also claimed infringement took place in the lyrics.

• Cyrus’s team argues that the similarities in lyrics quality for fair use as both songs are breakup songs.

• After "Flowers" cameout, "When I Was Your Man" saw a 20% streaming bump, which Cyrus's lawyers claim demonstrates neither song impeded the other's success.

• California District Judge Mónica Ramírez Almadani will hear the motion on May 5.

Background:

• The defendants in the case are Miley Cyrus, Sony Music Entertainment, “Flowers” co-writers Gregory “Aldae” Hein and Michael Pollack, and publishers Concord Music Publishing and MCEO Inc.

• Other named defendants include entities that made “Flowers” available for streaming or purchase, or synced the song to movies and television.

• The lawsuit targeted Amazon Music, Apple Music, Deezer, iHeartRadio, Pandora, SoundCloud, TIDAL, Live Nation, and Disney.