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A judge rejected Miley Cyrus’ attempt to trial in copyright against pop star.
The TEMPO Music Investments trial against Cyrus alleging similarities between it Winning song of a Grammy “Flowers” And “” When I was your man “from Bruno Mars.” Will say before after the judge Dean D. Pregerson rejected his request on Tuesday, the Fox case can confirm. Tempo Music acquired the rights of “When I Was Your Man” after buying the catalog of Philip Lawrence, co-author of the song.
The Cyrus legal team arose that the right of a co -owner to continue to violate copyright would be lost during the transfer. However, Pregerson did not agree, declaring that the limitation “would decrease [sic] The value of copyright detained jointly, because buyers would be less interested in buying a copyright that they cannot apply, thereby disinfitting co-automation and collaboration in works. “”
Miley Cyrus accused of having copied Bruno Mars in the trial on the song “ Flowers ”
Recording artists Bruno Mars and Miley Cyrus attend the 60th Grammy Annual Awards at Madison Square Garden in New York on January 28, 2018. (Images Kevin Mazur / Getty for Naras / Getty images)
The judge noted the heart of the argument of the Cyrus team according to which a co -owner cannot transfer an exclusive right because a co -owner is not the exclusive owner of the rights is incorrect.
“The ownership of” exclusive rights “should not be confused with the” exclusive property “of rights”, wrote pregerson in order, obtained by Fox Business. “The” exclusive rights “are what belongs collectively to co -owners. Each co -owner of a copyright has an interest in exclusive rights which constitute a copyright. These exclusive rights are exclusive to co -owners collectively compared to the rest of the world. “
Fox Business contacted Cyrus representatives and tempo music to comment.
The song by Miley Cyrus “Flowers” has “strike similarities” with the song by Bruno Mars “When I was your man”, according to a trial filed by Tempo Music. (Getty Images / Getty Images)
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Tempo music, which has a copyright share to The song of Mars, “When I was your man,” continued Cyrus in September for “strike similarities” in his popular song “Flowers”.
“Any fan of Bruno Mars ” when i was your man ‘knows that Miley Cyrus’ ‘Flowers’ did not succeed all this success”, Read the original trial, obtained by Fox Business.
“The flowers’ duplicate of many melodic, harmonic and lyrical elements of” When I Was Your Man “, including the design of melodic height and the sequence of the verse, the connected bass line, certain bars of the refrain, certain theatrical musical elements, the lyrical elements and the progressions of specific agreements”, the lawyers of the music of tempo have affirmed in the courts.
The song “Flowers” by Miley Cyrus won two Grammy Awards. (Getty Images / Getty Images)
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Although Mars is not listed as a claimant in the trial, the co-authors of Gregory eh and Michael Pollack are. Cyrus is not the only listed defendant, with Tempo Music Naming Sony Music Publishing and Apple in the trial.
“The opening vocal line of the ‘Flowers’ refrain” begins and ends with the same agreements as the opening vocal line in the verse of ‘When I Was Your Man’ “, noted the trial.
Tempo Music claimed to have acquired the interests of the copyright of the March of Mars “in or around 2020” and asked that Cyrus and others cease to reproduce, distribute or publicly execute “flowers”.
Bruno Mars is not listed as a claimant in the trial. (Images Theo Wargo / Getty for images of the Recording Academy / Getty)
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Fox Business Stephanie Giang-Panon has contributed to this report.
