Kesha Files Appeal To Be Released From Dr. Luke Contract
As Gossip Cop reported, Kesha’s request for an injunction that would allow her to break her contracts with Dr. Luke and Sony was denied last month. The singer has accused the producer of sexually and verbally abusing her, while he has in turn accused her of extortion. She wanted to be freed from their contract as their dueling lawsuits play out, but a New York judge ruled that there were no grounds to void their business agreement.
Now Kesha is appealing that decision. In a new filing, attorney Mark Geragos compares the situation to slavery, saying Kesha is being forced to work against her will, even though the judge didn’t see it that way. In documents obtained by Gossip Cop, the lawyer writes:
“The Court erred in basing its decision on its finding that Kesha could record without interference from [Dr. Luke]. Although it recognized that ‘slavery was done away with a long time ago’ and that ‘[y]ou can’t force someone to work… in a situation in which they don’t want to work,’ the Court’s ruling requiring Kesha to work for [Dr. Luke]’s companies, purportedly without his involvement, does just that. As the Court itself recognized, ‘[i]t’s slavery. You can’t do that.'”
Geragos also disagrees with the judge’s conclusion that Kesha’s career has not suffered “irreparable harm” in the time it’s taken for the litigation to be processed. He notes:
“Kesha submitted affidavits by individuals with over 100 years of collective personal experience in the music industry, each of whom attested to the fact that a young pop star’s fame will fade quickly, and permanently, due to a loss of momentum. Indeed, New York courts have found irreparable harm to the careers of young musicians like Kesha where those careers are fleeting and in danger of destruction if not timely pursued.”
The final argument hits back at the judge’s claim that Sony would be the one to suffer “irreparable harm” should Kesha be allowed to get out of the contract. Gergagos argues in response that the label is “free to make music (and money) with other young talent.” He further points out that if his client were actually in the wrong, Sony could “recover money damages from Kesha for her breach of contract.” Geragos is obviously confident that is not the case, and that Kesha’s lawsuits will be the ones to prevail.
The appeal motion was dated Friday, but it’s not clear how long it will take to be heard by the Appellate Division of the Supreme Court of the State of New York. For his part, Dr. Luke has claimed that all of Kesha’s allegations were made up in an attempt to extort him, and Sony has not publicly responded to public pressure to cut ties with him.
In a statement, Dr. Luke’s attorney, Christine Lepera, now tells Gossip Cop, “The Court repeatedly stated Kesha was already free to record without Dr. Luke, and that she had not presented any facts supporting her claims. That’s because all the evidence — including Kesha’s own sworn testimony — show her allegations are false. Her attorneys can continue manufacturing even more false and outrageous claims, but the fact remains that her time would be better spent in a studio than wasting time having her lawyer and mother spin lies in the media.”
Dr. Luke and Kesha are pictured above in 2011. We will continue to have updates.