Music experts have analyzed the two songs and found striking parallels in their melodic and harmonic structures. The verse sections, in particular, appear to share a remarkably similar melodic contour and progression, leading to accusations of unauthorized borrowing. The lawsuit contends that these musical elements are not mere coincidences but rather a clear case of derivative work.
Tempo Music Investments, the company that owns a portion of "When I Was Your Man," has asserted that the combination and number of similarities between the two recordings is simply too substantial to be dismissed as a coincidence. They argue that Cyrus, Hein, and Pollack have created a work that is heavily dependent on the prior success and popularity of Mars' hit song.
The lawsuit suggests that Cyrus' lyrics in "Flowers" echo the sentiments expressed in Mars' song, creating a sense of familiarity and resonance for listeners. This thematic overlap, combined with the alleged musical similarities, forms the basis of the legal challenge against Cyrus and her collaborators.
The lawsuit argues that the combination of these elements, from the melodic and harmonic structures to the lyrical themes, demonstrates a clear case of unauthorized appropriation of Mars' intellectual property. Tempo Music Investments is seeking damages and a prohibition on Cyrus' continued use of the song, asserting that her success with "Flowers" is largely due to the unauthorized exploitation of "When I Was Your Man."
The outcome of this case could have far-reaching implications for the way artists and songwriters approach the creative process. It raises questions about the extent to which artists can borrow from or build upon the work of their predecessors without crossing the line into unlawful appropriation.
The music industry will be closely watching the developments in this case, as it could set a precedent for future disputes over alleged plagiarism. The resolution of this lawsuit will likely have a significant impact on the way artists and their teams navigate the complex landscape of musical creativity and intellectual property rights.