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Miley Cyrus has lost her initial bid to dismiss a copyright case claiming her chart-topping “Flowers” ripped off the Bruno Mars song “When I Was Your Man,” allowing the high-profile lawsuit to proceed toward a trial.
Seeking to end the case at the outset, attorneys for Cyrus had argued that the plaintiff who filed the lawsuit lacked the legal “standing” to pursue it. The case was filed not by Mars himself, but a financial entity called Tempo Music Investments that bought the rights of his co-writer Philip Lawrence.
But in a ruling issued Tuesday, a Los Angeles federal judge rejected that argument, calling it “incorrect” and a “misunderstanding” of existing legal precedents.
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“Tempo now steps into Lawrence’s shoes and is a co‐owner of the exclusive rights of the copyright,” Judge Dean D. Pregerson wrote. “Because Lawrence as a co‐owner could sue for infringement, Tempo as co‐owner, in lieu of Lawrence, can sue for infringement without joining the other co‐owners of the copyright.”
Attorneys for Cyrus called Tempo’s partial ownership a “fatal and incurable defect in plaintiff’s claim,” but Judge Pregerson ruled that endorsing the star’s argument would be a radical shift in the legal landscape and have a profound economic and creative impact.
“Such a limitation would diminish the value of jointly owned copyrights, because buyers would be less interested in purchasing a copyright that they cannot enforce, thereby disincentivizing co‐authorship and collaboration in works,” the judge wrote. “This would undermine Congress’s intent.”
In rejecting it, the judge took Miley’s argument to its rational endpoint: “If, as songwriter defendants’ arguments seem to suggest, a co‐owner’s right to sue for infringement is lost upon transfer, then if all original co‐authors transferred their interest, the copyright could never be enforced.”
Tuesday’s ruling is only an initial decision, and does not mean that Tempo will win its case against Cyrus. As it moves ahead, her attorneys will pivot to more substantive arguments – that her song simply did not infringe the Mars hit because they share only “unprotected ideas and musical building blocks.”
Attorneys for both sides did not immediately return requests for comment on Tuesday.
“Flowers,” which spent eight weeks atop the Hot 100, has been linked to “Your Man” since it was released in January 2023. Many fans immediately saw it as an “answer song,” with lyrics that clearly referenced Mars’ song. The reason, according to internet sleuths, was that “Your Man” was a favorite of Cyrus’ ex-husband Liam Hemsworth — and her allusions were a nod to their divorce.
When “Flowers” was first released, legal experts told Billboard that Cyrus was likely not violating copyrights simply by using similar lyrics to fire back at the earlier song — a time-honored music industry tradition utilized by songs ranging from Lynyrd Skynyrd’s “Sweet Home Alabama” to countless rap diss records.
But Tempo sued in September, claiming “Flowers” had lifted numerous elements beyond the clap-back lyrics, including “melodic and harmonic material,” “pitch ending pattern,” and “bass-line structure.” Tempo, which had purchased a fractional share in the song from co-writer Lawrence, argued it was “undeniable” that Cyrus’ hit “would not exist” if not for “Your Man.”
In her motion to dismiss the case, attorneys for Miley said that the total lack of involvement from Mars and the song’s two other co-writers was not some procedural quirk in the case, but rather a fatal flaw: “Without the consent of the other owners, a grant of rights from just one co-owner does not confer standing.”
Of course Joe and Kevin Jonas were in the house on Tuesday night (March 18) to support their brother Nick Jonas in his return to Broadway in The Last Five Years. The siblings were reunited on the stage with Nick’s co-star, Adrienne Warren in a family snap at the kick-off of preview performances at the […]
Sir Rod Stewart is not done with Las Vegas. The ageless pop wonder announced another six-pack of residency shows at the Colosseum for this fall, extending his Sin City run yet again. “Las Vegas! You wanted more, so here we go—I’ve added more shows! I’ll be back at @colosseumatcp this September and October, Can’t wait to see […]
Just as Chappell Roan has cemented herself as one of pop’s most promising new stars, winning best new artist at last month’s 2025 Grammys amid a crowded field, she’s taken a left turn toward Nashville for her new country single “The Giver.” On the new Pop Shop Podcast (listen below), Katie & Keith are chatting […]
JENNIE’s debut studio album, Ruby, debuts at No. 2 on Billboard’s Top Album Sales chart (dated March 22). The set sold 26,500 copies in the U.S. in the week ending March 13, according to Luminate.
JENNIE is the second member of the quartet BLACKPINK to capture a solo top 10-charting effort on Top Album Sales, following LISA’s Alter Ego (No. 1, March 15 chart) and ROSÉ’s rosie (No. 2, Dec. 21, 2024). BLACKPINK itself has logged three top 10s, including two No. 1s: The Album (in 2020) and BORN PINK (2022).
Also in the top 10 of the latest Top Album Sales chart, Lady Gaga lands her eighth No. 1 with the chart-topping bow of MAYHEM, while the newest releases from Jason Isbell, Spiritbox, Noah Kahan and tobyMac debut in the region.
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Billboard’s Top Album Sales chart ranks the top-selling albums of the week based only on traditional album sales. The chart’s history dates back to May 25, 1991, the first week Billboard began tabulating charts with electronically monitored piece count information from SoundScan, now Luminate. Pure album sales were the sole measurement utilized by the Billboard 200 albums chart through the list dated Dec. 6, 2014, after which that chart switched to a methodology that blends album sales with track equivalent album (TEA) units and streaming equivalent album (SEA) units.
Ruby was available in its first week as a nine-track widely available digital download album, and then an expanded 15-song physical set and a 15-track download edition. While the standard and physical albums have only one guest star (FKJ, on “JANE”), the 15-track download edition adds further special guests on a few tracks, including Doechii, Dua Lipa, Dominic Fike, Childish Gambino and Kali Uchis. Ruby’s first-week sales were aided by its availability across four CD variants (all containing collectible paper ephemera, some randomized), five deluxe CD boxed set editions (each containing a piece of branded clothing, a signed insert and a copy of the album) and two download editions (a widely available standard version with nine tracks and an expanded 15-song edition).
At No. 1 on Top Album Sales, Lady Gaga’s MAYHEM arrives, selling 136,000. The set’sfirst-week sales were bolstered by its availability across a gaggle of editions: 14 vinyl variants (some signed, and some include the bonus track “Can’t Stop the High,” while Target’s exclusive vinyl has the extra track “Kill for Love”), four CD editions (one signed, Target’s exclusive CD adds “Kill” while Gaga’s webstore carried a CD with the bonus track “Can’t Stop the High”), a cassette tape, a deluxe CD box set with a branded T-shirt and poster, and two widely available download albums (the standard 14-song album, and then a deluxe version exclusive to iTunes with the three music videos for “Disease,” “Die With a Smile” and “Abracadabra”).
Of MAYHEM’s opening-week sales, vinyl purchases comprise 74,000 – Gaga’s biggest week on vinyl ever.
Jason Isbell’s first entirely solo acoustic album, Foxes In the Snow, bows at No. 3 on Top Album Sales with nearly 18,000 copies sold. Vinyl sales comprise almost 9,500 copies of that sum – owed to its availability across five variants. It was also issued in a pair of CD editions.
Heavy metal band Spiritbox debuts at No. 4 with Tsunami Sea, selling 16,500 copies in its first week. The set was issued on CD, cassette and at least nine vinyl variants.
Noah Kahan’s Live From Fenway Park, which was previously only available to buy as a download album, made its debut on vinyl in the tracking week (across three variants), helping the set sell a total of 16,000 – and enabling its debut at No. 5 on Top Album Sales.
Kendrick Lamar’s chart-topping GNX falls 2-6 on Top Album Sales (15,000; down 7%), Sabrina Carpenter’s former leader Short n’ Sweet slips 5-7 (11,500; down 5%) and Chappell Roan’s No. 1 The Rise and Fall of a Midwest Princess descends 6-8 (nearly 9,000; up 6%). Doechii’s Alligator Bites Never Heal vaults 24-9 on Top Album Sales after the release of a new vinyl variant, selling a total of about 8,500 across all formats (up 188%).
Closing out Top Album Sales’ top 10 is the latest release from tobyMac, whose Heaven On My Mind enters at No. 10 with 7,000 copies sold. It was issued on two CD variants (including a signed edition) and three vinyl variants.
The Backstreet Boys have millions of fans worldwide, but member AJ McLean sometimes faces a tough crowd when it comes to his kids. The superstar told People at the 2025 iHeartRadio Music Awards on Monday night (March 17) that his 12-year-old daughter Elliott “hates” Backstreet Boys’ classic 1999 hit, “I Want It That Way.” “My […]
Benny Blanco thinks his fiancée Selena Gomez is so bad “she can’t even go outside,” and he’s using a page out of Playboi Carti‘s book to prove it. Blanco posted behind-the-scenes footage of Gomez from their Interview cover shoot on his Instagram Story Tuesday (March 18) and used Carti’s “Fine S—” from his new album […]
Lady Gaga is joining her Little Monsters on a new dance trend inspired by her recently released album, MAYHEM. The superstar took to TikTok this week to share a 12-second video featuring the chorus from a track off the project, “Zombieboy.” In the clip, she convulses her body to the beat, before stretching her arms […]
Take it from Dax Shepard: Dancing to Sabrina Carpenter‘s music with your kids is super fun. The PG-13 conversations that her songs might inspire afterward? Not so much.
On the latest episode of his Armchair Expert podcast, the actor — who shares 13-year-old Lincoln and 10-year-old Delta with wife Kristen Bell — started out by saying that despite being “so late to the party,” he’s now “an enormous Sabrina Carpenter fan.”
“It started with ‘Bed Chem,’” he shared, referencing one of the steamier tracks on the Girl Meets World alum’s Billboard 200-topping album Short n’ Sweet. “I was driving with Delta to school today, and we listen to it every morning … If a song, it hits, you can’t resist dancing with your shoulders. We were really getting our shoulders active this morning, it was a blast.
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“It’s really fun now that I love her favorite artist,” he added. “It’s fun for her. ‘Cause now I’m on the Sabrina train.”
That said, Shepard isn’t quite as big a fan of one of the other tracks on Carpenter’s LP: “Juno,” the aphrodisiacal chorus of which is inspired by the 2007 film of the same name about a high schooler, played by Elliot Page, who gets pregnant. “I don’t wanna tell [Delta] it wasn’t my favorite, ’cause it’s her favorite — but I’m not gonna lie to her,” he said before explaining the awkward parenting moment the racy song’s lyrics inspired.
“She goes, ‘But do you know what Juno is?’ and I go, ‘No…,’” Shepard recalled. “And she’s like, ‘Well, it’s a movie,’ and I go, ‘The movie Juno? Yes, I know.’ She goes, ‘Yeah … It’s a story about a girl who gets pregnant.’”
“I go, ‘That’s a little nasty,’” he continued. “And she goes, ‘What’s nasty about wanting to have a baby with somebody?’ I go, ‘Well, it’s a teenager. She’s in high school.’”
“The way she phrased it was like, ‘Wait, what’s nasty about wanting to have a baby with someone you love?’” Shepard added. “And I was like, ‘Oh no, there’s nothing nasty about that, I’m just saying, ‘I wanna get pregnant in high school’ is kind of a nasty, fun lyric. It’s a positive ‘nasty,’ I’m saying.”
Full of NSFW lyrics and double entendres, “Juno” is one of the biggest fan favorites on Short n’ Sweet. That’s thanks in part to the fact that each night on Carpenter’s ongoing tour in support of the album, she strikes a different pose on stage to coincide with the suggestive lyric, “Wanna try out some freaky positions?/ Have you ever tried this one?”
At one of her recent shows in Paris, for instance, she paid tribute to the city by contorting her body into the shape of the Eiffel Tower with the help of two male backup dancers.
Listen to Shepard recount his and Delta’s conversation about Carpenter on Armchair Expert below.
Lady Gaga is over a decade and a half into her superstar career, and with this March’s Mayhem she’s proving to still be one of the most reliable performers in pop music.
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The acclaimed new set debuts atop the Billboard 200 this week (dated Mar. 23) — her seventh time topping the chart, albeit with a smaller first-week number (219,000) than her previous set of originals, 2020’s Chromatica (274,000), according to Luminate. “Die With a Smile,” Gaga’s smash duet with Bruno Mars, also holds at No. 2 on the Billboard Hot 100, while pre-release hit “Abracadabra” returns to the chart’s top 20, and eight other songs from the set populate the chart’s lower half.
How should Gaga feel about her latest set’s entrance? And where do we rate it within her catalog? Billboard staffers answer these questions and more below.
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1. Mayhem debuts atop the Billboard 200 with 219,000 equivalent album units. On a scale from 1-10, how happy should Gaga be with that first-week performance?
Katie Atkinson: 9. There are no guarantees in the music industry, even with a track record like Gaga’s, so to secure the No. 1 spot with a hefty first-week number can only be seen as a win. Considering this album rollout ostensibly began with the release of “Die With a Smile” back in August, the way she’s been able to build interest over the last eight-ish months — reaching a pop culture crescendo with the interest around last month’s “Abracadabra” — is honestly a master class in pre-release buzz.
Stephen Daw: I’d say a 9 is appropriate here. A No. 1 debut is a No. 1 debut, and to do it with the biggest numbers from a female artist thus far in 2025 — and the biggest streaming week of Gaga’s career — is a pretty incredible feat for a performer who is nearly 20 years into her career. The only reason I’m not immediately going to 10 is simply because of the number itself — the album did better in its first week than 2016’s Joanne, but is still behind all of her other studio albums in first-week gains. I’m sure it would have been nice for Gaga to break the 300,000 mark for the first time since Born This Way’s release, but Mayhem‘s success is still a huge deal.
Kyle Denis: A solid 7. Coming back with an acclaimed record that opened with 200k+ after a year of flop movies and soundtracks is a win, plain and simple. Now that final number being below the opening week totals for Chromatica is a bit curious – especially considering there seems to be more passion for the music of Mayhem versus its predecessor – but still nothing to scoff at.
Jason Lipshutz: A 9. Longtime pop purveyors have lived through various reports of Lady Gaga’s commercial demise — from the 99-cent Born This Way price tag to the multimedia mixed bag of Artpop to the slow start of Joanne to the two-thumbs-down response to Joker: Folie a Deux — and they have all been greatly exaggerated. As she approaches the two-decade mark of her breakthrough, Gaga is not only still collecting hits, but can command enough attention around a new full-length that it debuts with a six-figure total, the best bow of 2025 by a woman artist. This strong opening week number should be treated as a marker of continued longevity, and be celebrated.
Andrew Unterberger: Let’s say an 8. The number isn’t overwhelming, but it’s very solid — and we should note that the superior Chromatica number came when ticket and merch bundles were still counted towards the Billboard 200, which certainly helped that debut performance. Mostly, Gaga should be thrilled that fans are as excited about the album as they are, and that in a pop era overrun by stars who bear both her direct and indirect influence, she still makes a big impact every time out.
2. “Die With a Smile” remains the best-performing song on the set, holding at No. 2 on the Hot 100 this week. The song’s placement as the album’s final track has proven controversial among fans — do you think it earns its inclusion on the set?
Katie Atkinson: I think the end of the track list is the exact right spot. In interviews, Gaga has compared Mayhem to “one night out,” so that would make “Die With a Smile” the point in the night when you exit the club, shield your eyes from the early-morning sun, and fantasize about going to the ends of the earth (or the end times, in this case) with someone you only just met. Tacking what could have been a one-off duet onto your track list could look calculated, but I think Gaga putting it in the final spot makes it feel like an artistic choice instead.
Stephen Daw: Not really, and that’s okay! “Die With a Smile” was not conceived as a Mayhem track, and it does show. While the album’s final run of songs with “The Beast” and “Blade of Grass” does help transition into the song’s romantic balladry, “Die With a Smile” stands out on this album as more of an epilogue than anything else. But, because the track doesn’t show up until the very end of the album, it ultimately isn’t the biggest deal that it’s a bit misplaced — by the time you arrive at Gaga and Bruno’s megahit, you’ve already gotten the full Mayhem experience.
Kyle Denis: Sure? It’s really a symptom of the chart world that we live in that an artist can’t just let a monster standalone single remain standalone. Nonetheless, to Gaga’s credit, she does make a valiant effort to sequence the album in a way that connects “Die With a Smile” with the rest of the tracklist, but it’s still a bit jarring hearing Bruno’s voice out of the blue when you listen to the album from front to back.
Jason Lipshutz: Of course! It’s the definition of a victory lap on Mayhem — removed tonally from the uptempo electro-pop, but a current smash that concludes the full-length on a triumphant note, and is too important to Gaga’s career trajectory to simply float on as a single without a host album. This deep into the streaming age, it’s hard to quibble with any artist tacking a big single onto the end of an album to help boost streaming totals… but in this instance, the decision feels artistically sound, and is well-earned.
Andrew Unterberger: Not particularly, but it’s forgivable.
3. Of the set’s other tracks, “Abracadabra” also peeks its head back into the top 20 (at No. 19, after previously reaching a No. 12 peak) while another eight of the album’s tracks can be found in the Hot 100’s bottom half. Do you think “Abracadabra” has cemented itself as the album’s biggest Gaga-only hit, or do you think one of the newer songs will eventually come to challenge it?
Katie Atkinson: On my first listen, “How Bad Do U Want Me” was so undeniably catchy that I would be surprised if it doesn’t eventually find its way to pop radio. A lot of the release-week headlines focused on whether Taylor Swift might have been involved in the song, thanks to fan theories online, and it makes sense that a song that recalls the radio-dominating Swift – but is undeniably Gaga at the same time – would fit right in at top 40.
Stephen Daw: If Gaga chooses not to give any of her other tracks the single treatment, then “Abracadabra” is going to be Mayhem’s big solo hit for Gaga, no question. Fans love the song, her performance of the track on Saturday Night Live is being rightfully praised, and the gothic music video continues to inspire new trends online.
But I would bet on Gaga having at least one more single up her sleeve for this album’s release — Gaga historically loves to put out a post-album single just a couple weeks after the set’s release (see Joanne’s “Million Reasons,” Chromatica’s “911,” Born This Way’s “Marry the Night,” and so on). If she were to put together a splashy music video ahead of her Coachella performance next month for fan-loved tracks like “Garden of Eden” or “Shadow of Man,” Gaga could easily have another hit on her hands — one that might even make “Abracadabra” disappear.
Kyle Denis: For the time being, “Abracadabra” is definitely the album’s biggest Gaga-only hit, but it’s not like “Disease” put up much of a fight. I know “Perfect Celebrity” and “Killah” are getting a lot of love right now – and “Garden of Eden” snagged the key F1 sync – but my money is on “Vanish Into You.” It’s got that kind of wistful-but-still-danceable feel that sent tracks like Ariana Grande’s “We Can’t Be Friends” to No. 1 around this time last year.
Jason Lipshutz: I prefer other vibes on Mayhem to the maximalist pop of “Abracadabra,” from the downhill motion of “Shadow of a Man” to the slinkiness of “Killah” to the icy arena-rock of “Perfect Celebrity,” and we’ll see where this album campaign goes in the coming months. But for now, “Abracadabra” has clearly struck a chord, harkening back to Gaga eras of yore while also unfurling an enormous new hook and brash visuals. At this moment, I’d be surprised if another solo Gaga song from Mayhem overtakes it as a bigger top 20 hit on the Hot 100.
Andrew Unterberger: It’s been a pretty long time since a Gaga album produced a major post-album-release hit — the only one I can think of in the past 10 years is “Bloody Mary,” which of course came from an album released a whole decade earlier. So I’m guessing “Abracadabra” will reign pretty unchallenged, but I’m certainly rooting for “How Bad Do U Want Me” or “Perfect Celebrity.”
4. Gaga’s media approach to this album was very old-school in its zone-flooding, with the pop star embracing both newer and traditional forms of media and promotion and generally making herself unmissable in the leadup to the set. From the early response to the album, do you think that approach has proven to be a successful one — and why did or didn’t it work?
Katie Atkinson: Oh, it worked. And it maybe its my own personal fondness for Gaga, but it never felt oversaturated. I think it was the variety of appearances – from a lie-detector test, to hosting SNL, to eating hot wings – that kept the audience from getting bored of her. In short, I think she nailed it.
Stephen Daw: As someone who had the honor of interviewing Gaga for this project, I am unbiased and 100% objective in saying that this strategy worked and she should definitely keep doing it.
Big press tours like this can be risky today because fans can smell desperation — if you come across looking too much like you’re selling a product, they will push back against the appearances as advertisements. But Gaga never appeared even slightly insincere in her various interviews ahead of Mayhem; she seemed genuinely stoked for her fans to get to hear her new songs. Had another, less engaged artist attempted a similar run with their media appearances ahead of an album drop, it probably wouldn’t have worked. But because it was Gaga, making herself as available as possible to a fanbase that really wanted to hear from her, this full court press worked wonders.
Kyle Denis: I think it’s definitely proven successful. Her SNL performances really sold the full scope of Mayhem, and she leaned into fan service by teasing a “Telephone” continuation multiple times. With her biggest streaming debut ever, another Billboard 200 No. 1 and yet another 200k+ opening week, it’s hard to argue against the strategy. Retrospectively, however, I do wish Team Gaga rallied around one song to pull off a release week top 10 debut on the Hot 100; “Smile” being the only current top 10 hit from the album isn’t the best look.
Jason Lipshutz: Everyone is aware of Lady Gaga — who she is, what she stands for, where to listen to her ubiquitous smash with Bruno Mars. But what the media blitz leading up to Mayhem accomplished was making even the most casual fan aware that Gaga was back with a new album on March 7, via performances, interviews, promotional opportunities and viral sound bites. Flooding the zone gave the entire mainstream a heads-up to check out her new album when it arrived on streaming services earlier this month, and based on the No. 1 debut and equivalent albums unit total, that strategy worked very well.
Andrew Unterberger: We’ve covered this pretty extensively elsewhere, but yeah — the entire campaign was an unquestioned W for Gaga and her team.
5. After getting to live with it for about a week and a half, where are you currently rating Mayhem within the Gaga catalog?
Katie Atkinson: Whew, this is tough. I think I have it in an arm-wrestling match with Chromatica for the No. 4 spot, after The Fame Monster, The Fame and Born This Way. Right now, Mayhem has the edge, because I’m really feeling its more throwback vibes, but catch me on another day and Chromatica could jump back up.
Stephen Daw: Mayhem is Gaga’s best album in over a decade, period. I would still put it just below her earliest studio projects — The Fame, The Fame Monster and Born This Way are considered modern pop masterpieces for a reason — but above the rest of her discography.
Kyle Denis: In terms of her solo studio albums, this is comfortably in a distant third behind The Fame Monster and Born This Way for me. If we’re adding in the Tony Bennett collab albums, Cheek to Cheek might have something to say. But don’t let me get to talking about the soft spot I have for Harlequin!
Jason Lipshutz: Pretty high! I loved Chromatica as a return to the bold pop of her early days, and while I think her 2020 album had higher peaks, the more time I spend with Mayhem, the more consistent it sounds. For now, I’d probably slot behind The Fame/Fame Monster and Chromatica, and on the same plane as Gaga’s most underrated album, Artpop.
Andrew Unterberger: Just a half-notch below Chromatica for me as far as her best album since her opening trio goes — but together with its predecessor, a really great reclamation of her pop legacy and confirmation that she’s still one of the all-time greats.