If You're Wondering Why You Haven't Heard From Kesha In So Long, Here's The Full Story
#FreeKesha
By Samantha Khor — 24 Feb 2016, 07:06 PM
Her songs may still be churning on the airwaves, but in truth, pop star Kesha's singing career has practically come to a halt since she filed a lawsuit against long-time collaborator and producer Dr. Luke in October 2014
Kesha, formerly stylised as Ke$ha, signed on to Dr. Luke's label, Kemosabe Entertainment (owned by Sony Music Entertainment), and his music publishing company, Prescription Songs in 2005 when she was only 18.
Kesha would spend the next few years writing songs and collaborating with other artistes and producers, including singing background vocals for Flo Rida's 'Right Round' and appearing in Katy Perry's 'I Kissed A Girl' music video, while Dr. Luke is busy with "bigger and more lucrative" stars like Kelly Clarkson, Avril Lavigne, and Pink.
It wasn't until 2010 that Kesha was propelled into the limelight with hit songs such as 'Tik Tok' and 'Your Love Is My Drug' from her debut album, 'Animal', which she co-produced with Dr. Luke. Her second album, 'Warrior', was released in 2012.
The civil suit Kesha filed against Dr. Luke alleges that the producer has subjected her to nearly a decade of sexual assault and emotional abuse as well as unfair business arrangements and professional misconduct
The civil suit, filed in Los Angeles in October 2014, alleges that Kesha's working experience with Dr. Luke - whose real name is Lukasz Gottwald - has been fraught with instances of sexual assault and battery, sexual harassment, gender violence, emotional abuse, and violation of California business practices which occurred throughout their 10 years of working together.
Some of the occurrences, which were cited in the lawsuit, include constant insults about her appearance and weight (which Kesha claimed had led to her developing bulimia and "nearly lost her life") as well as instances where she was raped and sexually assaulted by Dr. Luke while she was forcefully intoxicated and drugged by the man himself.
Kesha also accused Dr. Luke of professional misconduct and intimidation, and said he prevented her from having any real control over her music, while threatening her career and her family if she spoke out against him.
She also accused Dr. Luke of refusing to negotiate fair terms for the contract for her second album after her first album became a platinum hit, trapping her in “long-term contracts which were one-sided, extortive, and devastating to her health, sanity, and career.”
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Kesha also amended the filing last year to include Sony Music Entertainment, asserting that the company was well aware of Dr. Luke's conduct towards her as well as other "vulnerable female artists" who are just starting their careers
According to the suit, Sony “provided Dr. Luke with unfettered and unsupervised access to vulnerable female artists beginning their careers, and who would be totally dependent upon Dr. Luke for success.”
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Denying Kesha's claims, Dr. Luke filed a lawsuit in November 2014 accusing the pop star of defamation and breach of contract. He also said that Kesha is throwing false accusations in order to get a more lucrative recording deal.
Lukasz "Dr. Luke" Gottwald has produced commercially-successful records for top artistes such as Katy Perry, Miley Cyrus, Pitbull, and many more.
Image via BillboardAccording to the suit, “Kesha’s repudiation of this contractual relationship, and her and her mother’s ongoing campaign to extort a release by tarnishing Gottwald’s reputation, has caused damage” to his career.
Dr. Luke and his lawyers have also pointed to a 2011 deposition from a separate lawsuit brought by Kesha’s former management company, arguing that sworn answers from Kesha and her mother show their subsequent allegations against Dr. Luke to be false.
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An excerpt from the 2011 deposition from a lawsuit against Kesha's former management company, DAS.
Image via TMZUnfortunately, as the legal battle wages on, Kesha is rendered unable to record new music as her 6-album contract states that she is legally obligated to record under Sony Music with Dr. Luke in the producer's chair
Kesha's link with Sony Music Entertainment was established when she was signed to a multi-album deal with RCA Records (a flagship recording label under Sony) through Dr. Luke's Kemosabe Records. With two albums under her belt, Kesha is still required to record four more albums with Sony.
Most importantly, Dr. Luke has a legal right to demand to produce at least six songs in each of her albums and could pursue damages if he doesn't.
In October 2015, Kesha proposed through her lawyers that she would be willing to record an album under Sony as long as she doesn't have to work with her alleged abuser
“Her only condition is that she be allowed to record with a record label that is not affiliated with someone who has emotionally and sexually abused her,” read the filing.
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When Sony denied her request, Kesha filed an injunction that will block Sony and Dr. Luke from pursuing damages if she recorded outside of her contract
"Until this Court rules on the declaratory judgment claim, Kesha is at an impasse," states a memorandum supporting an injunction that would bar Dr. Luke from interfering with her signing with another label.
"She cannot work with music producers, publishers, or record labels to release new music. With no new music to perform, Kesha cannot tour. Off the radio and stage and out of the spotlight, Kesha cannot sell merchandise, receive sponsorships, or get media attention. Her brand value has fallen, and unless the Court issues this injunction, Kesha will suffer irreparable harm, plummeting her career past the point of no return."
billboard.com
Media attention on the legal case had gradually died down... until last week. On 19 February 2016, a New York State Supreme Court judge denied Kesha's motion, citing that her contract is "heavily negotiated and typical for the industry".
Justice Shirley Kornreich said Kesha’s label Sony has permitted her to record without Dr. Luke’s involvement - an assertion the pop star's attorney, Mark Geragos, reportedly acknowledged as “an elusive promise.” He characterized such an arrangement as “setting her up to fail,” because he believes Sony would not promote music recorded without Dr. Luke.
The judge also cited what she felt was vagueness in Kesha's counterclaims, referring to the lack of documentation or hospital records supporting the alleged attack.
The judge's verdict sparked protests from Kesha's supporters, who were waiting outside the courtroom, and started the #FreeKesha movement on social media
Michael Eisley (center), who runs the Kesha Today Twitter account, organized Kesha fans to protest Sony Music Entertainment outside New York State Supreme Court on Feb. 19 in New York.
Image via Roy Rochlin / Getty ImagesWhile the injunction was mainly focused on allowing Kesha creative freedom to record without interference from her alleged abuser and any party affiliated with him, many pointed out the judicial system has failed the pop star in favour of protecting commercial interests:
Some also pointed out the stark difference in how female musicians are treated, highlighting cases like Chris Brown and 1D's Zayn Malik, who continued their singing careers with little repercussion following a scandal
Many celebrities have also expressed support for Kesha, the likes of which included Lady Gaga, Lorde, Troye Sivan, Demi Lovato, Adam Lambert, Ariana Grande, and Lena Dunham
Taylor Swift reportedly donated USD250,000 to Kesha to help pay her legal fees, while musicians Zedd and Jack Antonoff offered their services if she ever wants to record new music
So, what's next for Kesha? Pressure from the #FreeKesha movement might convince Sony Music to change their minds, but it could still be a long road ahead for Kesha on the legal front unless a settlement is reached.
In the Superior Court of Los Angeles County, where Kesha filed her initial lawsuit, a hearing is scheduled for 16 May to address progress in the New York case.
In New York, each side is due to make demands for evidence discovery by 21 March, although the full discovery period is not scheduled to end until 6 January 2017. Expert reports from both sides will be exchanged later that month, with the deadline for expert depositions set for 24 February 2017. Without further delays, the two sides could file a notice that they are ready to proceed on 28 February 2017, which would allow the judge to set a trial date.
nytimes.com