Is Flowers too similar to When I Was Your Man?

[StrawberryBlond 14,331]

Ever since Miley won a Grammy for this song, I've been analysing it more and more and I'm honestly surprised at how she was able to get away with making this song while escaping a copyright lawsuit or having to pay Bruno Mars royalties. It's well known that the song is a response to his song, When I Was Your Man, a song that her ex husband apparently used to dedicate to her, so it seemed fitting for her to reference it in a song about their break up. But there's reference and then there's basically copying the chorus word for word with some slight changes. Apparently, Billboard claims that "the songs only feature similar lyrical elements and ideas," which is why Miley didn't have to put the writers of WIWYM as co-writers. But I'm still pretty shocked when you consider that singers have been to court and had to pay royalties for a lot less, like the many times it happened to Ed Sheeran. What do you think?

Thing is, I think Flowers is just ok. I don't know why it became the big hit it did and that this is what won Miley her first Grammy, instead of something like the far superior Wrecking Ball or Midnight Sky. I feel the song is just kinda...there. But Bruno's song is much sadder with a deeper meaning and even though I'm not a fan, this is definitely my favourite song of his. it feels like Miley is just profiting off what he created and thus, I'm surprised he's not more outraged about it. But he maybe feels he'd look bitter if so and it may be better to turn the other cheek.

[MaybeKermit 4,345]

Im sure she and Bruno met up/came to an agreement and he gave her full permission to referende his song in this way. And that’s why we never heard of any drama regarding the song

[LateToCult 40,287]

I think Bruno is chill and successful enough that he appreciated the way Miley was inspired by his song instead of feeling slighted. 

[androiduser 7,438]

Flowers is referencing the lyrics of Bruno's song as a part of the storyline in the song, that's not copyright infringement.

[Rat Boy 42,035]

Isn’t it considered transformative use (legal term) therefore not illegal. I thought the song is a very witty take on WIWYM/her relationship.

[Stephen 30,339]

Can love me better
I can love me better, baby
Can love me better
I can love me better, baby

To me this is the best part of Flowers and what makes it a hit.

[artdoll 45,642]

19 minutes ago, LateToCult said:

I think Bruno is chill and successful enough that he appreciated the way Miley was inspired by his song instead of feeling slighted. 

He would also benefit tremendously from the song's meteoric success because people would also want to check out his song I feel

[Controversiaga 9,853]

I read that since flowers only paraphrases the song it’s poses no infringement 

[KillerMonster 2,361]

I’m sure she’s already made a deal with him. 

[Versace 7,917]

But the context should matter I feel and in Flowers it’s more so a reference to her reality than sampling for the sake of it. 

[Future Lovers 6,589]

We didn’t see copyright issues because what she did isn’t protected under copyright. 

For example, Weird Al when he parodies songs often uses the exact same melody and production, but because the song is transformed from it’s original version via a changing of the lyrics and themes, he doesn’t need to seek any permission to do it, he can just do it.

(He chooses to get permission, but he isn’t required to.)

Miley doesn’t even go that far. The melody isn’t identical, the theme is completely inverse of WIWYM, and there’s no production similarity. Add onto that her open acknowledgement of the source and there’s nothing there under copyright law that would require any difference in crediting.

Had Bruno wanted to then sure he could’ve tried (like that group did with Taylor to SiO or that artists did to Ed) or Miley could’ve offered (like Olivia did for Deja Vu) but its safe to assume he blessed it privately. 

[Taylucifer 5,081]

oh I thought that it fully was sampled or the song writers were already credited, gagged that they weren't 

[Monstermilo 3,993]

girl most of todays music is recycled

[Admin 24,441]

5 hours ago, StrawberryBlond said:

It's well known that the song is a response to his song, When I Was Your Man, a song that her ex husband apparently used to dedicate to her

That was completely made up by Miley stan accounts to promote the song.

[Rat Boy 42,035]

15 minutes ago, Admin said:

That was completely made up by Miley stan accounts to promote the song.

Lmao I believed this