share a few chords, pitches, an abstract ‘overall melodic design,’ and words, none of which is protected by copyright. And Plaintiff’s transcriptions, even assuming they are correct, show striking differences in melody, chords, other musical elements, and words,” the document states.The Post has reached out to lawyers for Cyrus and Tempo.Tempo filed their suit against Cyrus on Sept.
16, claiming Cyrus’ song “is the result of intentional copying” of Mars’ track. “Immediately upon the release of ‘Flowers,’ the public recognized the striking similarities between the song and ‘When I Was Your Man,'” according to Tempo’s lawyers.“The melody (single lines of music) and harmony (chords and chord progressions) of the chorus in ‘Flowers’ are substantially similar to those of the verse in ‘When I Was Your Man.’ Indeed, the opening vocal line from the chorus of ‘Flowers’ begins and ends on the same chords as the opening vocal line in the verse of ‘When I Was Your Man,'” they continued.The complaint further alleged that a “comparison of the lyrics of the two songs also suggests that the musical similarities are no coincidence.”“It is undeniable based on the combination and number of similarities between the two recordings that ‘Flowers’ would not exist without ‘When I Was Your Man.’ Accordingly, Plaintiff brings this action for copyright infringement arising out of Defendants’ unauthorized reproduction, distribution, and exploitation of ‘When I Was Your Man.'”Tempo Music has asked the defendants to stop reproducing, distributing or publicly performing “Flowers,” and is seeking an undetermined amount of damages.The Post has reached out to reps for Cyrus and Mars..
Read more on nypost.com