Miley Cyrus settles R4.3b 'We Can't Stop' lawsuit

Miley Cyrus performs during the iHeartRadio Music Festival at T-Mobile Arena in Las Vegas

Miley Cyrus performs during the iHeartRadio Music Festival at T-Mobile Arena in Las Vegas

Published Jan 6, 2020

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Miley Cyrus and Michael May have settled a lawsuit over her song "We Can't Stop" which he claimed closely resembles the lyrics to a song he released more than 25 years ago called "We Run Things".

The 27-year-old singer was sued by Michael May in a R4.3 billion lawsuit in March 2018 over the rights to the song, which he claimed closely resembles the lyrics to a song he released more than 25 years ago called "We Run Things".

His lyric was: "We run things. Things no run we," whilst the 'Nothing Breaks Like a Heart' hitmaker sings the line: "We run things, things don't run we."

However, it has now been revealed that all parties have agreed that "this action shall be discontinued with prejudice...with each party to bear its or his own costs and attorneys' fees".

"With prejudice" means that the plaintiff cannot pursue the same claim in another suit.

This comes almost one year after Miley failed to get the case dropped.

Despite Miley's attempt to get the suit thrown out, a judge ruled in February 2019 that the case could proceed.

In documents obtained by The Blast, the judge noted: "In sum, analysis of the relevant factors strongly indicates that Defendants' use of the Phrase is a fair use.

"Factual questions remain, however, as to certain of the fair use factors, particularly the amount and substantiality of the portion used in relation to the needs of Defendants' transformative use, and the effect on the market, if any, for May's work.

"The current record suggests several ways in which Defendants may well prevail on the merits, from a determination that the Phrase was not original to May or that May made only trivial changes to a pre-existing strict Patois version of the Phrase, to indisputable proof that Defendants did not copy from May's song but instead adopted the Phrase from one of many other sources, to facts establishing fair use as a matter of law. Those determinations, however, must await summary judgment."

The suit at the time accused the 'Wrecking Ball' hitmaker of rebranding herself from her "trademark 'good girl' Disney Profile" and becoming more "edgy", and suggested her new music took influence from urban and Caribbean sounds.

May also claimed both tracks feature a theme of "defiant audaciousness in the realm of self-discovery and self-governance".

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