Kesha loses injunction to break her contract with her alleged abuser Dr. Luke

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In 2014, Kesha went into a facility to get help for a bad personal situation. She was drinking too much and abusing drugs, plus she had mental health issues, an eating disorder and she was dealing with some intense issues from her relationship with producer Dr. Luke. Later that same year, Kesha filed a civil lawsuit against Dr. Luke claiming that he mentally and physically abused her, drugged her and sexually assaulted her. She wanted to be let out of her recording contract. Dr. Luke countersued and claimed Kesha had made the whole thing up and that he would not be letting her out of her contract. Well, Kesha went to New York Supreme Court on Friday to find out that the judge had thrown out Kesha’s injunction. Basically, Dr. Luke won because this judge, Justice Shirley Kornreich, has a totally Pollyanna idea of how the music industry really works. Here’s part of People Magazine’s report:

Kesha’s lawyers fought for a preliminary injunction that would allow her to record and release music without Dr. Luke, 42, whom she is also suing for allegedly drugging and raping her. The singer also alleges he has abused her verbally and emotionally for a decade. (Luke has vehemently denied the allegations through his lawyer, Christine Lepera, who has told PEOPLE: “Kesha and her mother are engaged in a campaign of publishing outrageous and untrue statements about Dr. Luke to third parties, including scurrilous and false statements of purported physical and mental abuse of Kesha.”) However, Justice Shirley Kornreich recounted that both Sony and Luke provided affidavits that they would allow Kesha to record without the producer.

“Your major issue is your client is saying she cannot with Mr. Gottwald. Reading these papers, I notice that Sony and [Dr. Luke's record label] Kemosabe Records say they don’t care if Gottwald has anything to do with anything with the recording,” the judge said to Kesha’s attorney, Mark Geragos. “They are willing to allow her to record without any involvement of Mr. Gottwald … and there are papers from Mr. Gottwald that say he will agree to allow her to record without his involvement … She doesn’t have to work with him.”

But, Geragos responded, arguing that it was an “illusory promise…If he’s the one in charge of the company that does all the things to produce it … she can record right now, but no one is going to hear it,” he said, reiterating his assertion that Kesha’s future in music is in jeopardy because the typical lifespan of a pop artist’s career is short and that he believes her album won’t be promoted in an attempt to sabotage her career. Geragos added: “She has a window in which she can produce music, that it can get out there, that it can get promoted … His end game here is to destroy her… She is set up to fail.”

The judge disagreed, citing the companies’ competitive objective to make money and the clear terms of the contract, which require Kesha to record six more albums.

“You’re asking the court … to decimate a contract which was heavily negotiated and signed by two parties in an industry where these kinds of contacts are typical; you’re asking me to decimate all that law,” said the judge. “Now the other side has come forward to say, ‘We will let her record without Dr. Luke.’ I don’t understand your problem … It’s not in [the company's] best interest to not make money and not promote a recording artist.”

Upon the judge’s dismissal of the request for the injunction, Kesha broke down in tears, holding her face in her hands while mom Pebe and boyfriend Brad Ashenfelter did their best to console her the bereaved pop star excused herself from the room for a spell with a bodyguard. Lawyers also argued over dueling counterclaims, but the judge has yet to make a ruling, reserving to decide on the matters at a later time, perhaps when more evidence has been presented.

[From People]

“It’s not in [the company's] best interest to not make money and not promote a recording artist.” How naive. The judge assumes that every person in the music industry has simple, straight-forward capitalist motives and that there’s not a history of music producers and labels actively thwarting a singer or songwriter’s career over personal or professional drama, regardless if those un-capitalist motives end up losing money. Even if you’re not familiar with the music industry in general, watch 20 Feet From Stardom and listen to Darlene Love’s story about how her early career was ruined because of a sh-tty contract and a producer who was a petulant sadist. That sh-t STILL HAPPENS.

For a while on Friday, #FreeKesha was trending on Twitter, and many women in the music industry tweeted their support for Kesha – go here to see. Kelly Clarkson sounds like she has some stories about Dr. Luke that I would be interested in hearing. This feels like… the beginning of something. Like, Dr. Luke might be Cosby’d in public.

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Photos courtesy of Fame/Flynet.

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123 Responses to “Kesha loses injunction to break her contract with her alleged abuser Dr. Luke”

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  1. Jane says:

    I feel so bad for her. I heard she went for medical help here in Illinois at a very good facility not too far from my home. I hope they helped her….now who else is going to help her through THIS ordeal?

    • PinaColada says:

      I read that Britney Soears was working closely with this guy when she has her breakdown. I know there were a lot of factors at play there, but some other names were mentioned of artists working with him at coincidentally bad times as well

      • bettyrose says:

        This is all so twisted. These women can’t legally escape their abuser? I never realized how insidious a record industry contract is. It sounds like a great deal for a recording artist, but it essentially gives them no control over their career. Very few artists ever become big stars, so how many are tied to contracts that aren’t even doing much for them?

      • GreenieWeenie says:

        ^^yeah, I feel so bad for Kesha, etc. I would probably just make a crap record and fulfill the contract and move on. However, I’m glad there are people like her with the means and the will to fight this BS for the rest of us.

        ETA: holy cow, just noticed her deal is for 6 MORE ALBUMS. Seriously? That’s like a 10 year contract at least! Can she head to Europe or something and resurrect a career there? I hope for her sake some civil suits come out of the woodwork and start providing the company with incentives to renegotiate.

      • Breakfast Margaritas says:

        ^^^^ yep, I’ve heard artists like Prince, Beyonce, Lil Wayne, etc have hundreds of songs already prerecorded so they can just pick and choose which ones to go on an album. Kesha should go ahead and record 6 albums worth of material and see if they promote them. If they don’t, then she has a basis for being let out of her contract Rita Ora style. I’ve heard super producers L.A. Reid and Babyface Edmonds have been horrible to work with as well in terms of not letting broke artists out of bad contracts.

    • Sara says:

      Oh god, I feel for her. I really do. This is bullshit. I hope they can appeal or something. She is so brave to come forward and it’s stupid and sick the way this has been handled.

  2. Snowflake says:

    Poor kesha :-(

  3. jackie says:

    So many celebrities claim to be feminists when it gains them some credibility and respect, but when situations like with Kesha for example, arise they stay deafeningly silent.

    The music industry didn’t care about Rihannas abuse, Britneys mental Health, Amy Winehouse or Whitney Houstons substance abuse. If you are a feminist, or just a decent human being, support these people, no trashing, no insulting, no “but they are famous so they deserve it”. Being abused, being physically or emotionally broken all in the public eye, that’s utter loneliness.

    And no its not just females, but when these artists are chewed up and spat out remember they are people. I couldn’t imagine how dark their lives have been.

    • Tapioca says:

      Rihanna’s abuse was PROVEN. Britney’s mental health issues were PROVEN. Amy & Whitney’s battles with substance abuse were PROVEN.

      It’s going to be one hell of a costly lawsuit for anyone not using the word “alleged” before “abuser” if Dr. Luke turns out to be innocent.

      • MarcelMarcel says:

        Aside from the fact that the number of false rape claims is very low why would Kesha jeopardise her career on this level by making false allegations? She’s telling the truth. She was abused and raped by Dr Luke. If you knew anything about rape and abuse than you would know there’s often not concrete ‘proof’. Attitudes like yours enable rape culture.

      • Nikki says:

        But it is a civil case (to get her out of her contract) not a criminal sexual assault case, so he won’t ever be found guilty of the abuse.

      • JC says:

        I’m sure people in the music industry know what kind of person Luke is. A lot of women who have come out supporting Kesha have worked with him. Something doesn’t have to be proven in court for people to know whether it’s true or not. If women in the industry know or suspect someone has been mistreated it’s not asking too much for them to stick up for each other.

      • Breakfast Margaritas says:

        Why isn’t the rape allegation going through the criminal courts? I don’t see how this civil case could’ve been successful given there’s no criminal case to bolster it and ultimately this civil case is about CONTRACTS, not sexual assault. I wish the best for Kesha and hopefully she can have him criminally prosecuted.

    • lisa2 says:

      It is strange what some women will support and what they dont’

    • vanessa says:

      Im sorry but the fact that people are focussing more on which celebrities have tweeted about kesha more than the actual issue is so messed up and sad. And People can show their support without exposing it on twitter and so on….

  4. Coco says:

    All the feels on this one. I hope all the support snowballs in to some sort of good outcome for her.

  5. Mandy says:

    I love Kesha. Her music is so fun for walks and jogging. I had no idea this was going on. Stay strong girl!

  6. Shambles says:

    I cried when I saw the pictures of her sobbing in court. Justice Kornreich is an idiot, and her ruling is appalling. I’m not saying all female judges should side with female victims, but I think it’s disgusting that she told a fellow woman who claimed to have been assaulted by a producer that “I don’t see what her problem is… There has been no showing of irreparable harm.” And then she basically said that Sony’s pockets are more important than Kesha’s wellbeing. Like… Most people on Twitter assumed the judge was a man based on the sexist, ignorant sh!t she was saying. F*cking gross and unacceptable. Free Kesha.

    • Mia V. says:

      The law is never on the side of women, never. #FreeKesha

      • Tapioca says:

        Both George Michael and Prince were men last time I checked and both had to fight tooth and nail for years to be let out of their Sony contracts.

    • Nic919 says:

      When Sony advised the court that Kesha didn’t have to record the remaining albums with Dr Luke then that reduced any irreparable harm which is required for an injunction. This doesn’t mean her lawsuit is over, just that she can’t get an injunction. Usually injunctions are for when you think someone will be destroying relevant documents rapidly selling off assets to make themselves judgment proof.

      The judge couldn’t make any other ruling because right now there are only unproven allegations and no judge can make decisions based on that. Her decision would get appealed because she has to base it on precedent, and the law as it currently exists.

      She could probably file a restraining order and it would stick, but the injunction application was a contractual argument which was not going to work in this case. Her lawyer probably knew that, which is why they are pushing the press angle for public sympathy. I am not saying that she doesn’t deserve sympathy, but she was never going to get this injunction. Her lawyer probably didn’t tell her that.

      • Naya says:

        This. Its tragic but in the absence of even a criminal investigation, the judge must base her decision in contract law. Think of the precedence it would create if all you had to do is make unsubstantiated criminal allegations about the other party to get out of a contract. Sonys phony proposal about keeping him away from the studio probably moved the judge this way too.

        I feel terrible for Kesha and I personally believe her every word on this but the judge was correct with this one. What I really want to know is WHY any producer falsely accused of rape by an artist would want to continue working with her.

      • JC says:

        Naya,
        Kesha made the rape allegation in 2005 and then left Luke. He demanded she return to him in 2008 and then he want on to make her famous. I’ve wondered the same thing. If her 2005 rape allegation had been false why did he continue to associate with her. He also tweeted a picture in 2009 of her sleeping in bed. The tweet was a 3:21 in the middle of the night. Why was he with her in the middle of the night, tweeting pictures of her in bed. That sounds like strange behavior from a man (a husband and father) who claims he was falsely accused. He finally deleted the tweet yesterday when it was making the rounds of social media.

      • GreenieWeenie says:

        BUT “reduce irreparable harm”? I mean, this is like saying removing a child from the house of a child molester “reduces irreparable harm.” No, it just reduces access. The damage is already irreparable. There’s no reduction, and it will be ongoing. This is a bullsh*t argument (in contract law, I mean) that, OF COURSE, was clearly never intended to address women in these situations.

        Also, the criminal allegations might be unproven but they aren’t unsubstantiated. She has evidenced all of the things that one might expect to result from abuse and was clearly not in good health. The company marketed her in a sexually explicit way–moreso than with other singers (was anyone more raunchy than Kesha? And she was young, too, and the MEN who surrounded her are all older). It’s not like she’s talking about anxiety here. She’s explicitly crediting her abuse with her disorders and issues that she treated in rehab. But I guess it’s somehow more plausible that someone would fake their own therapy, so this isn’t considered substantiation?

      • Crumpet says:

        Nic919 and Naya, thank you for the analysis as it puts the ruling in perspective. I can’t pretend to understand the game here, but I hope that Keisha ends up OK in the end.

      • JenniferJustice says:

        I agree. I understand people are upset that Kesha’s abuser is walking free and still allowed to make money off her, and even possibly make her miserable career-wise. However, this was a civil case re the contract – not a criminal case or about rape allegations. The judge’s hands are tied. There is no proof that the record label will sabotage her. There is no proof a rape occurred. I feel Kesha went about this bass-ackwards. She should have filed criminal charges of sexual assault against Dr. Luke and if she won that case and he found guilty and sentenced, she would have had much more to bolster this civil contract case. The judge cannot assume their is irreparable damage already occurred until a rape has been proven. I know Kesha wants out of the contract yesterday and resents them making money off of her and having control over her career, but honestly, the criminal element should take precedent IMO and would help her get out of the contract.

    • detritus says:

      it made me sick to read the salon article. I’ve been loosely following the case and I am flabbergasted at the reasoning of the judge.

      Sometimes it seems that women who had to rise through the ranks of mysoginistic men are just as bad. Female chauvinist pigs, to borrow a phrase.

      I sincerely hope Dr Luke gets Cosbied. I sincerely hope that Kesha gets her justice. I sincerely hope this shit is exposed and happens less and less until it’s a bad story we tell about our past and the next generation can laugh and marvel at what assholes we were.

    • Shambles says:

      To be clear after reading through all of today’s comments:
      I understand, and now even more so thanks to the insight provided by everyone here, why the judge ruled the way she did. The judge is still an asshole. Reason being: “I don’t see what her problem is” and “there has been no showing of irreparable harm” and “it’s not in Sony’s best interest to make no money” were completely unecessary and straight up nasty comments. She could have made her ruling in a far more unbiased manner. To me, it’s clear by the tone of her comments that she straight up doesn’t give two sh!ts about a fellow female who allegedly went through some very traumatic things and very clearly was not lying, as evidenced by the heartbreaking look on Kesha’s face as the decision was read. I mean, can you imagine coming forward about sexual abuse, and having a judge say to you, “I don’t see what her problem is”?! That’s straight up cruel. Screw that.

      • JenniferJustice says:

        Because this case wasn’t about the rape. A alleged rape can’t be entered as evidence. The judge cannot use hearsay she’s heard outside the court to influence her decision about this contract case. She can only hear arguments regarding the business end that concern the contract itself. As far as the court is concerned, there was no rape until or unless charges are filed to that extent and then, only if he were to be found guilty.

        Some of you are really mad that a judge is making a rape victim work with her rapist. But in the court’s eyes, there is no rape or rapist. That should have been addressed first – a criminal rape case. The judge ruled based on the evidence provided her and there was no evidence of rape. Only hearsay. Kesha and her people put the cart before the horse. Until the rape is proven in court and no longer conjecture, it can’t even be brought up in this contract case.

  7. CornyBlue says:

    My heart goes out to her.

  8. MexicanMonkey says:

    Here’s what I don’t understand, and this is not meant to troll I genuinely haven’t followed this case since the start, but in order to break her contract with Song on the basis of physical abuse and sexual assault, shouldn’t those allegations be proven right first?
    So far, it’s a case of he said, she said. I don’t understand why the judge would be in the wrong for basically refusing to take sides without concrete evidence?

    • sally says:

      I totally get what you’re saying but also let’s look at Zayn ,who got out of his contract with 1D because he was ‘unhappy” yet Kesha has to do six more albums with Dr Luke. Honestly, I wouldn’t be surprised if Kesha tried self harm or worst in the upcoming months or years. This is a death sentence of sorts!

      • LookyLoo says:

        Zayn never filed suit. Zayn’s label willingly released him (possibly because he was part of a group and the other guys were willing to stay and the group was collectively at the end of its contract – they had one album left). Sony was not willing to release Kesha at, essentially, the beginning of her contract.

      • CornyBlue says:

        Why are people coming for Zayn as if this is his fault? I get what you are saying as in treating a man’s whim above a woman’s abuse but like blame the actual people responsible ?

      • Bridget says:

        Not to mention, isn’t Zayn still represented by that label as an individual artist? They’re still making money on him, and don’t forget that 1D is dismantling anyway now that their contract is up. Kesha on the other hand still owes a lot of music, and record contracts are notoriously difficult to break (just ask Prince).

      • sally says:

        Thanks everyone for clearing that up. I didn’t realize the full extent of the Zayn situation.

    • Nic919 says:

      You are exactly right. While it is likely that Dr Luke is an asshole and did all these things, a court cannot make decision based on unproven allegations and this would mean that no contract would be enforceable because people would come up with allegations all the time.

      This was an injunction application and not the trial. It is only one step on the process and not the final one.

    • Nikki says:

      Zayn is signed to RCA which is owned by Sony. I suspect the folks believed there was long term money to be made off of Zayn, so they let him go just so they could continue to own him. If he had stayed for one more album, he probably would have signed a solo deal with a competitor.

      Kesha’s problem is similar. Her label still thinks there is money to be made off of her, that’s why they’re not letting her go. If this were Ciara, they’d have released her. Keisha has a strong fan base. But she doesn’t just not want to work with Dr. Luke, she wants to get out of a horrible record contract as well.

      • Naya says:

        “Oooooohhh!” @ that Ciara shade

        Sony is taking a huge risk that her fanbase (who have been tweeting #sonysupportsrape all weekend) would support these six albums. More than likely they will organise a boycott. The only way the albums can make enough cash to justify Sonys trouble forcing this contract would be if she had 100% artistic control and made them all diss/vent albums.

        So either you allow your artiste to sing to the world that you are rape apologists, one of your producers is a rapist and that her life is falling apart over your corporate guilt OR you make 6 flop albums.

    • JC says:

      CornyBlue,
      No one is saying it’s Zayn’s fault. They’re simply pointing out that everyone was willing to work with him to come to a solution that worked for everyone. Kesha’s case involves rape and abuse allegations, yet the same label wasn’t willing to work with her. But I think that was because Simon Cowell was willing to let Zayn go solo while Luke refused to let Kesha leave his label.

  9. LookyLoo says:

    I agree with the judge. You cannot invalidate a binding legal contract just because someone wants out. That would set an awful legal precedent and incentive for people to lob all kinds of accusations (true or not).

    The best she can do is take Sony’s offer of letting her work with a producer of her choice and put in the settlement that they will promote her subsequent albums at the same levels as her previous ones.

    • CornyBlue says:

      She has been mentally and sexually abused. The hell is wrong with you ? Are you also voting Trump ???

      • Anon says:

        @Lookyloo Do You realize she accuses him of rape it’s not just a music disagreement. This kind of comments are depressing.

      • MarcelMarcel says:

        @Cornyblue your response is so perfect that I sent a screenshot to my girlfriend.

      • Bridget says:

        But unfortunately, none of it has been proven by a court of law. Do I think Kesha is telling the truth? Yes. But legally, there is a signed contract in place and there is a limit to the scope of what the judge can do.

      • Nikki says:

        I think if she had filed criminal charges as well, her label might of bucked to some of the pressure. She only mentioned the allegations in her bid to get out of the contract.

      • DivineMsM says:

        CornyBlue – Unlike you, some people actually understand how the LAW works. Kesha ALLEGES she was raped. This is not a criminal trial, it’s a civil, contractual matter. The court cannot release everyone from a binding contract based on an allegation. If that was the case, every artist that entered into a crappy contract would be saying they were abused. What is wrong with YOU?

      • Naya says:

        This is the problem with situations like this. Some people get so emotional they are unable to see that a judge has to be careful to not only apply the law but ensure that she is not creating a dangerous precedent. Kesha in this case should begin by filing criminal charges. I dont judge her initial decision not to file but this is an obvious step if you are going to be trying to void a contract over rape.

        I suspect her teams real strategy isnt legal anyway, they are trying to publicly shame the other party enough that they drop this but Sony has withstood the wrath of mega superstars at their peak like Michael Jackson, Prince and Mariah. They can not be shamed.

      • JC says:

        DevineMsM,
        Kesha didn’t ask to be let out of her contract because of the rape or abuse allegation. You should read her request for an injunction to find out on what grounds she was asking to be released. Everyone is assuming she said “Hey I was abused, cancel my contract” when the request for an injunction makes a very different argument. You can find a pdf of the request online.

      • Naya says:

        @JC Could you give us cliff notes on the real grounds for the injunction?

    • Nic919 says:

      If she is accusing him of rape then there is a criminal process for that. And she has already filed a civil law suit about the sexual abuse. The injunction application was against Sony and they conceded that she doesn’t have to work with Dr Luke anymore. It is not the trial and doesn’t mean that she won’t ultimately be able to get out of the contract, but as it stands, there are only allegations and no court is going to make decisions based on that, especially not when she can still get damages from Sony if she wins the trial.

      The press has been irresponsible in reporting this. And frankly her lawyer knew this was not going to work, especially when Sony agreed to let her work with another producer. If her lawyer had properly prepared her then this wouldn’t have been a surprise result.

      If people want to boycott Sony, they are free to do so, but saying that people are Trump supporters and sympathetic to sexual abusers because an injunction application tactic was decided according to the law is also inflammatory and ignorant.

      • Robin says:

        Agreed, Nic919. Her attorney is Mark Geragos so I’m not surprised at how this is playing out. I’m also not surprised at the ignorance of the legal process displayed in the press coverage and comments sections.

      • JC says:

        To be fair to Mark Geragos, when they filed for this injunction they had a strong case for it. Sony was refusing to let her record without Luke. It was only when she filed the injunction they made the offer to let her work with other producers although still for Luke’s label. Accepting that offer would put her back into the very same situation she’s been trying to escape from. I saw on one of the pop music forums they titled the thread about this “Sony bamboozles judge” and it’s kind of true. It’s possible Sony only changed their position to get the injunction denied and not out of any sincere desire to resolve this mess.

      • Goats on the Roof says:

        @Nic
        Thank you so much for your researched and insightful comments. I hate so much that this judge has been thrown under the bus as anti-woman by people who do not understand or care to research the actual issues at work here. The judge cannot just invalidate a legally binding contract on what is essentially an unsubstantiated she said-he said at this point. She is bound by the law and precedent.

        I do feel for Kesha and believe her. I can’t imagine she would fabricate these claims, but at this point in time, Dr. Luke is presumed innocent under the law. Kesha’s lawyer (if he were worth his salt) should have known this would be the outcome and prepared her accordingly.

      • DivineMsM says:

        Thank you, Nic. My comment in response is being held up, but the ignorance about the legal process is astounding. This is a civil matter, not criminal.

      • pleaseicu says:

        Sony’s promise to let her work with another producer was illusory and disingenuous like Geragos argued. The fine print of their offer was that she can work with whoever she wants to record a song but final mixing and final approval on every note she sings still belongs to Dr. Luke as senior executive producer and president of her record label, Kemosabe Records. So she’s still forced to work with him in the process of recording her albums and he still controls her career.

      • Naya says:

        Nic919 is the voice of clarity and reason in this conversation.

      • Trillion says:

        I’m confused about her lawyer using conjecture as an argument to have her released from the contract. Not sure if I’m using “conjecture” appropriately here, but he is essentially claiming that Sony will try to sabotage her career by not promoting her music and should therefore be let out of the contract. How can any lawyer think they will get traction by trying to project what another person/company will do?

    • JC says:

      Sony’s offer was to let her work with other producers but under Luke’s label. She absolutely should not accept that offer. She can get a much better offer if she holds out. This is doing enormous damage to Luke and Sony’s reputations.

      • Trillion says:

        I’m afraid that men’s career don’t get ruined when they mistreat women. I’m pretty sure there must be exceptions, but honestly I can’t think of any off the top of my head.

    • Ellie-x- says:

      Agreed. This is about contract law, not people’s emotions.
      That may seem harsh, but not everything is about how people feel. It’s about the framework that binds certain, small facets of the law. But in this day and age of social media and everyone basing everything on feelings and emotions, it’s impossible for people to see that.
      This part of the law/case was never about what happened to Kesha or saying she was or wasn’t the victim of something, it’s simple contract law.

  10. What about Darlene Love? Please tell us more–as soon as I read her name I thought of ‘He’s a fine, fine boy.’

  11. MarcelMarcel says:

    I can’t believe that this was the outcome. I can’t imagine the tramua triggered by my livelihood and self expression involving working with a company that enabled the person who abused and raped me.

    I’m not actually sure if this petition to boycott Sony will accomplish anything however I wanted to link anyways. I’ve already signed it. Maybe public pressure will succeed where legal system failed.
    https://www.change.org/p/sony-boycott-sony-products-and-music

  12. lucy2 says:

    This is such a shame. I believe her allegations, and I hope she is able to fight Sony on them in the future – they’ve kept her stuck in a hostile, abusive, and dangerous workplace.

    This can’t be the first time a record contract ended early, I think if both parties agree, it’s done all the time. Not that it would be right, but I’m amazed Sony didn’t agree to release her just to keep all this quiet. Is it worth it for more a few more albums? Their biggest producer is now known as a rapist and abuser, and a lot of other musicians are standing up for Kesha. #SonySupportsRape is trending on twitter. FFS, just release her from her contract!

    • Nic919 says:

      This was only a preliminary step. She still has a trial and can bring all these allegations against Sony for creating the hostile working environment and if there is evidence to substantiate that, then she will get major damages. The press is making this seem like she lost the case. She did not. And part of the evidence against Sony will be the fact that they only said she could stop working with Dr Luke on the eve of the injunction application itself. That won’t go in Sony’s favour.

      This isn’t over, but the press is implying otherwise.

    • Bridget says:

      Do you know how hard it is to get out of a record contract if the company doesn’t want to let you out? They are NOTORIOUSLY difficult to duck out of. Remember Prince’s massive fight? One of the only ways for an artist to get out is to declare bankruptcy, but then they need to prove that it’s a legitimate filing and not just an attempt to get out of their contract.

      • JC says:

        Record labels often renegotiate contracts when there’s a dispute. That could end up happening here. Sony could end all of this by renegotiating Kesha’s contract and separating her from Luke’s label. This is becoming such a PR disaster, they may do that.

      • Bridget says:

        Record companies will allow artists to buy out their contracts, that’s a HUGE difference. And only if they’re interested in getting rid of the artist to begin with. Again, record contracts are notoriously difficult.

        Sony could in fact choose to let her out, but it’s going to take a total and complete breakdown of their side of the case. Not only do they not want to set the precedent, but they in turn could open up the possibility of Dr Luke suing THEM.

      • JC says:

        Bridget,
        I’ve read about cases in the past where labels have renegotiated contracts when there was a dispute. It has happened. And apparently Sony doesn’t have to worry about being sued by Luke. Everyone on Kesha’s side says Sony could immediately end this and they’ve chosen not to do it. That’s what’s so troubling about this. Sony has the power to resolve this but has chosen not to.

  13. Lucy says:

    I’m still so mad at this. FREE KESHA.

  14. Lostara says:

    Taken from “Flop Of The Pops” Forum (http://fotpforums.com/topic/122893-celebs-in-support-of-kesha/?page=1)

    ” These are the celebs who have expressed support for Kesha one way or another after the court ruling:

    Full list (in progress):

    Lady Gaga, Ariana Grande, Iggy Azalea, Lorde, Melanie Martinez, Halsey, Lily Allen, The Veronicas, Demi Lovato, Kerli, Tinashe, Brandy Norwood, Lauren Jauregui, Kreayshawn, Janelle Monae, Sara Bareilles, Grimes, Christina Perri, Zara Larsson, Olly Alexander (Years & Years), JoJo, Kelly Clarkson, Jack Johnson, Jeffree Star, Ruby Rose, Madison Beer, Alessia Cara, Bea Miller, Jack Antonoff, Kaley Cuoco, Nina Nesbitt, Shane Dawson, Hank Green, Joey Graceffa, Lohanthony, Glozell, Ricky Dillon, Michelle Visage, Adam Lambert, Susan Sarandon, Butch Walker, Garbage, Holly Marie Combs, Rose McGowan, Alyssa Milano, Skai Jackson, Lilly Singh, Colleen Evans, Kirstin Maldonado, Rowan Blanchard, Charmed girls, Alice Glass, Lights, Simon Curtis, Andrea Russett, Eva Gutowski, Kingsley, Laci Green, Wale, Aly and AJ Michalka, Tyler Oakley, Rachel Ballinger, Daya, Aidan Alexander, Alfie Deyes, Emma Blackery, Pauley Perrette, Alyssa Milano, Joan Grande, Diane Warren, Abigail Breslin, Jessi Smiles, Chantal Claret, Wrabel, Darren Hayes, Christina Grimmie, Teala Dunn, Colette Carr, Kathleen Fuentes, Twaimz, Lindsey Hughes, Jon M. Chu, Alyssa Shouse, Eva Gutowski, Laganja Estranja, Alexa Losey “

    • Jayna says:

      Too bad Gaga continued to work with Terry Richardson and didn’t support his viciims.

      • Bridget says:

        She had a duet with R Kelly. Enough said.

      • Jayna says:

        @Bridget, not only that, she did a music video of that song, Do What You Want, with R. Kelly in it and Terry Richardson directing it and also in it as a photographer. Disturbing video that got pulled before release by her label, and she was mad about it. I remember her tweeting a photo of her watching the video of her unconscious on a table with R. Kelly hovering over her, with a snarky comment about not releasing it. It is rumored she leaked the clip to TMZ. The clip saw her waking up and R. Kelly telling her not to worry she wasn’t pregnant.

        She was receiving backlash before it came because she was promoting her rape song, Till it Happens to You, and saying it was personal because she was raped. Yet here she was collaborating with Terry and R. Kelly.

        She’s such a hypocrite..

    • MB says:

      Im surprised to not see Pink on that list, and hope she adds to the conversation too.

  15. manda says:

    I know this isn’t relevant, but she looks fab in those pics. I really hope that other artists rallying around her shows sony that they need to let her go

  16. KC7 says:

    “Kesha wept as a New York Supreme Court judge denied an injunction Friday that would have allowed her to make music outside her six-album contract with Dr. Luke’s Kemosabe Records, a Sony subsidiary, until the lawsuits and countersuits between the singer and producer are decided.” – that’s from CNN, I read it there several hours ago and assumed the last part of the statement means they can revisit the injunction once the other lawsuits are over? While I hate that she’s forced to remain working with a man that she’s accused of rape and other abuses, his defense was she made the claims and wanted the injunction because she was unhappy with her career trajectory, they can’t say he’s blowing smoke out of his butt until the law legally supports Kesha’s claims and disproves his defense (innocent until proven guilty in the court of law). Maybe it’s too optimistic to think once her claims are validated they’ll reopen the call for injunction, but cnn made it seem like that was what will happen.

    • JC says:

      That’s my understanding. If she wins her case, she can again ask for an injunction to get the contracts voided. Hopefully the case will settle though and things won’t go that far.

  17. Lurker says:

    What would happen if she just refuses to do it? I mean, this is a civil thing. She can’t go to jail for not singing for this predator. I get that she can be sued, but go for it. It would be murder on her bank account but she’d have her dignity left. And by the sounds of things lots of music people will stand with her.

    • JC says:

      She’s already been sued for breach of contract, so she can continue to refuse to record and there’s really nothing they can do about it. If they want her to record, they’ll have to remove her from Luke’s record label. Her lawyer has already said they won’t accept any offer from Sony if Luke will remain involved in her career.

  18. platypus says:

    This is just terrible, and clearly nobody’s winning here… So it seems to me like they’re forcing her to stay just to avoid setting a bad precedent for other young people who are tricked into similar contracts? Really shows how messed up the whole system is, and makes you wonder what else goes on behind the scenes, that they damn well know they can get away with…

    • nay says:

      Capitalism and male entitlement are the true Jesus in USA.

    • Jess says:

      Considering all the negative press this is generating for Sony’s music label, I was wondering why they would go through all this trouble just to keep Kesha bound to her contract. But your comment makes sense, they’re probably afraid that they won’t be able to trick other singers into signing the same types of contracts if Kesha is able to break free.

      What a horrible situation all round :(

      • Flowerchild says:

        This situation wouldn make any female or male artist question about signing with Sony, because they will know that Sony does not have their back if somethings goes down.

  19. islandwalker says:

    I can’t imagine having to continue to work in proximity to my rapist. I feel for her. Unacceptable. Sony sucks as well. As usual, the laws are not made to protect women.

    • Anon says:

      This has nothing to do with her being a woman. It’s contract law, and they can also re-visit the issue once her civil case against Dr Luke is resolved.

  20. kitty orchid says:

    Thank you MarcelMarcel for the link to the petition to boycott Sony. I just signed it. My heart breaks for Kesha.

  21. Jackie Jormp Jomp says:

    But Chris Brown can still sell records.
    Our society is so sh*tty to women.

  22. vanessa says:

    Seeing crying in court just broke my heart, it was obvious she wasn’t lying. Crazy thing is she isn’t even asking for justice for what he did to her but just to be released and they can’t even give her that, they want to break her since she said the truth.

  23. Bethie says:

    “It’s not in [the company's] best interest to not make money and not promote a recording artist.”

    I think it’s awful that the judge isn’t considering what’s in Kesha’s best interest. What a hag.

    • Rachel says:

      To be fair to the judge, the allegations against Dr Luke are still allegations at this point. Legally, she cannot rule that Kesha can be released from her contract based only on allegations, especially as Sony has conceded – albeit very late – that Kesha can work with a different producer for the contractually obligated six albums. This is only step one of the process and I really don’t see why people are surprised that the judge has dismissed the injunction; based on the evidence available to her, the judge is making the only decision legally available to her.

      Is it sad for Kesha that she’s locked in legal hell at the moment and suffering huge emotional upheaval? Of course. But that doesn’t make the judge a ‘hag’ for dismissing the injunction when she had no legal recourse to grant it.

      • platypus says:

        I’m not really surprised about the ruling. I am surprised that Sony would rather go through this PR nightmare, than let go of a woman who’s clearly suffering and intent on not playing along anymore. There has to be some kind of tactical move going on here..

    • Bridget says:

      Contract law isn’t about what’s in someone’s best interest, though. Keep that in mind the next time you sign on the dotted line.

      • JC says:

        But surely committing crimes against someone should be grounds for getting a contract canceled. I would hope that when this case goes to trial that if Kesha wins the judge will void the contracts. I would hope the law isn’t so harsh that she’ll remain bound to him despite proving her case.

      • Goats on the Roof says:

        @JC
        At this point in time, Dr. Luke has not been found to have committed any crimes against Kesha. Yes, I believe what she says, but Dr. Luke has not been found guilty in any court of law. The judge could not invalidate Kesha’s contract based on unsubstantiated (at present) claims.

      • Bridget says:

        That will ultimately be decided in their lawsuit, but this was something else. This was her asking for an injunction so that she could make music elsewhere until the lawsuit is settled. Personally, I believe her accusations, but this wasn’t the forum for the judge to rule on whether or not Kesha can actually get out of her contract – instead it’s whether or not she can continue in the meantime without being punished by Sony (which they say won’t happen because it’s not in their financial best interests, and have therefore satisfied their burden) and having to work directly with the man she alleges abused her. This lawsuit is going to continue on for a long time before there is any resolution, but even then it’s a civil suit, not a criminal. He hasn’t been found guilty of anything, and until criminal charges are filed he won’t be.

  24. Tiffany says:

    This entire thing is just a clusterf*** and should be a warning for future female artist to really read between the lines. I am truly sadden but this and my heart aches for Kesha.

    Also, was she at one time a writer and producer for other artist. If so, she still has another music career to fall back on. I hope.

  25. Veronica says:

    The judge’s comments are really gross, but I’m not surprised at the ruling. Legal contracts can be far more binding than people realize.

  26. Louisa says:

    OKAY let’s get something straight here. My heart goes out to Kesha and it’s disgusting that she will have to work with her rapist but the only warped stuff with male entitlement is within Sony. The judge had no physical evidence/indictment that dr Luke had committed a crime so for her to add that into her decision would have been UNETHICAL. We can disagree with it all we want but for all we know the judge could be disgusted with Sony, but she has to do what the law says. Her explanation is crap, yes, but her decision is right in the name of the law. Sometimes the law screws us over. But voiding this contract would open a can of worms because it would set case law in the state of New York that if you claim someone is a rapist you can get out of any contract. Yes the judge is out of touch but any other decision would have had grounds for appeal.

    • JC says:

      Kesha wasn’t asking to be released from the contract because she had been raped. You can find her request for an injunction online. The rape is barely mentioned. The argument made for the injunction is that because Luke filed for breach of contract, he has legally decided the contracts are no longer valid. They said Kesha will likely win that part of the case because you can’t say a contract is still in effect and sue for breach at the same time. You have to choose one or the other. He chose to terminate the contracts when he sued for breach. The judge never addressed that aspect of the request at all. She accepted Sony’s claim that Kesha could still record for them so decided Kesha’s career wasn’t in immediate danger. She ignored the fact that Sony’s offer still left Kesha under Luke’s control.

      • LookyLoo says:

        I don’t think that’s true. You can sue someone who has breached a contract for specific performance, i.e. to make them perform the terms of the contract. If you couldn’t sue, there’d be no recourse for a breach…

  27. JC says:

    “In 2014, Kesha went into a facility to get help for a bad personal situation. She was drinking too much and abusing drugs, plus she had mental health issues, an eating disorder and she was dealing with some intense issues from her relationship with producer Dr. Luke.”

    Kesha herself and those around have said she wasn’t treated for either drinking or drugs. She had apparently given up drinking in the weeks before entering rehab to avoid consuming too many calories. People who saw her at parties in the weeks before she entered rehab said she would just sit quietly by herself barely interacting with anyone and that she wasn’t drinking at all. I don’t think it’s fair to claim she was treated for drinking and drugs when there’s absolutely no evidence.

  28. lisa says:

    thank you for following this story. i feel like it doesnt get enough coverage.

  29. OhDear says:

    Yikes, my thoughts are with Kesha.

  30. HeyThere! says:

    That judge is a piece of crap. How awful. Making her work for the man who did that to her?!

  31. Kori says:

    There’s a big difference in how the law maybe should work and how it does work. The judge had to go by the statutory law. She could be as sympathetic as anything (not saying she is or isn’t) but she still needs to have grounds to invalidate the contract. A he said/she said, which is what this is in the eyes of the law, isn’t enough. I do believe that Dr Luke is probably a bad guy–I think there’s a bit of a Terry Richardson thing here where he picks out those he thinks he can get away with abusing because they are too messed up or too powerless to call him out. I believe in the allegations she’s made and think it fits in with her background and troubles over the years. But that’s my opinion based on experience and trying to read between the lines. It’s not legally enough to get out of a contract. I only hope that maybe they can reach a settlement and she can get out of the contract with a payout or promise of percentages of future albums or something. Because if he did attack her–or at the very least emotionally abuse and control her–it would be a nightmare being legally bound to work for this person for years to come. On a completely shallow note, I think she looked really pretty in court–hopefully that means she’s getting healthier and isn’t allowing this to send her back down the rabbit hole of drugs and booze. She looks better than she has in a long time. Hopefully that can at least be some kind of moral victory for her if she can’t get a legal one.

  32. Cran says:

    Grateful to all posters who explained what the injunction was about and what the judges ruling meant. Am grateful this is only the first step and it does sound as if the issue can be revisited once the other cases are resolved.

    In the meantime I am heartbroken for Kesha. The injunction would have allowed her to continue to work outside of Sony
    while the dispute with them and Dr. Luke continues. I would imagine mentally/emotionally she NEEDS this. Forget about financially. Being able to focus and do what she loves while undergoing such a stressful and painful period would be as good as therapy. I hope that the verbal support she is currently receiving evolves into some tangible form that will provide a foundation for success in her ongoing fight. She has been through such an excruciating experience.

  33. Zaytabogota says:

    Why doesn’t she go to the police and prosecute him if these claims are true? Probably because they aren’t. She wants out of her contract and this is her way of going about it. If she was telling the truth, she would be bringing him to a criminal court and would never have to deal with him in Sony again.

    • platypus says:

      Would be nice if that were true. Legitimate rape/abuse charges get dismissed all the time due to lack of evidence, not to mention the amount of evidence it takes to win a case if it does go to court.

    • Meee says:

      Why would she lie? IF you followed her from the start, her destruction was there for everyone to see. She got help and is now trying to remove herself from the harmful situation. Kesha is not a stupid person, but she was young and easily influenced, when she came onto the scene. A good recipe for getting taken advantage of.

  34. Tiffany :) says:

    “The judge assumes that every person in the music industry has simple, straight-forward capitalist motives and that there’s not a history of music producers and labels actively thwarting a singer or songwriter’s career over personal or professional drama, regardless if those un-capitalist motives end up losing money”

    So true. I’ve heard of pretty horrible things, different in scale but lives and careers hang in the balance. Years worth off work being buried because someone wouldn’t receive a sex act from an executive. Bands used like pawns, bartered and packaged with other bands so they never are heard unless the label can off load 3 other bands in a deal. It’s crazy how what we are exposed to is controlled.

  35. kwall19 says:

    Didn’t she actually testify under oath a few years ago in a separate court case (in which she was not the plaintiff but deposed) that she never had sexual contact with Dr Luke and never was drugged? Regardless of what actually occurred that previous deposition will make her case now extremely difficult to win

    • kwall19 says:

      also as her dispute is with the Sony corporation and not with the individual alleged to have committed misconduct (of which they are still only allegations in the eyes of the law) these allegations have little relevance- but contract law confuses me in general and that’s why I hire lawyers. My uneducated best guess would be that her strategy would be to make this contract dispute such a financial and legal headache for Sony that eventually they terminate the contract because of cost/benefit analysis

      • Leah says:

        I don’t think its quite that simple.
        She is signed to Dr Lukes label Kemosabe Records so her record contract is closely connected to him even though its parent company is Sony. Kemosabe was created by Sony with and for Dr Luke, he hires the staff, has creative control and is top dog at that label. Even if she wasn’t working directly with him she would work with people he handpicked and whom ultimately works for him.

  36. LAK says:

    Depending on her contract, she could do a prince or George Michael and simply refuse to record under her name.

  37. HK9 says:

    I remember Billy Joel giving a speech to a group of university students and one of them asked for advice. He basically said, “Have a lawyer look at everything, and then hire another lawyer to watch the first lawyer you hired.” Record contracts are notoriously bad, with lots of things in the “bunny print” that have the potential to enslave you for a long time. I feel for Kesha because although she’s not the first to have problems with an unreasonable contract, it makes it even worse that the person she’s bound to is abusive and has the time and inclination her life a living hell.