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Kesha files appeal in renewed bid to be cut free from Dr Luke and Sony

By | Published on Tuesday 22 March 2016

Kesha

Legal reps for Kesha have filed their appeal over the court ruling last month that denied the singer an injunction that would have allowed her to release records with another label while her litigation against producer Dr Luke slowly goes through the motions.

As much previously reported, the court hearing that considered Kesha Sebert’s injunction request put her long-running legal battle with Lukasz Gottwald much more into the media and social media spotlight, putting pressure on both the producer and his business partner Sony Music to cut the singer free from her contractual obligations, despite their court win.

Sebert accuses Gottwald of plying her with drugs and alcohol and raping her as a teenager. He denies all of those allegations, and has sued both the singer and her mother for defamation, saying that the accusations were invented in a bid to force his hand in a contractual dispute.

The singer’s supporters say that the legal battle has put her career on hold indefinitely, to the point that it could destroy her chances of future success in music. With her litigation not due in court until some time next year, the injunction would have allowed the singer to work with another producer and another label in the short term, so that she can continue making and releasing music while waiting for her day in court.

As previously reported, the judge considering the injunction request said that interfering in Sebert’s past agreements with Gottwald’s companies, including his Sony Music imprint Kemosabe would set a dangerous precedent. Moreover, she was convinced that an offer by Sony to allow Sebert to record with a different producer and label within the major music group was a suitable compromise.

Sebert’s chief attorney Mark Geragos called that offer “illusory”, arguing that it would be impossible to assure that Gottwald would not have some kind of overseer role, while adding that his client feared that any record produced under Sony’s proposed compromise would not be promoted properly on release, because the major’s loyalties lie with the producer. In papers filed yesterday, Sebert’s reps again noted that Sony’s proposed compromise had a big influence on the judge. But, the appeal argues, that proposal wasn’t workable or ethical.

According to The Hollywood Reporter, the lawyers write: “The court erred in basing its decision on its finding that Kesha could record without interference from Gottwald. Although it recognised that ‘slavery was done away with a long time ago’ and that ‘you 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 Gottwald’s companies, purportedly without his involvement, does just that”.

The appeal goes on to argue that any harm caused to Sony Music in the short term by granting the injunction could be compensated for down the line if Sebert’s legal action against Gottwald is ultimately unsuccessful. The court didn’t explain, say the lawyers, why this fact didn’t overcome concerns about interfering in Sony and Kemosabe’s contracts.

Says the appeal: “The court did not explain, nor could it, why any potential harm to Sony Music could not adequately be compensated by money damages if it were to prevail in the litigation. Indeed, Sony Music, Gottwald, and all the related entities are each free to make music (and money) with other young talent. In the event they prevail in the litigation, they can recover money damages from Kesha for her breach of contract”.

As also previously reported, Sony Music has responded to the increased public pressure to cut Sebert free from her contractual commitments by insisting that it isn’t in a position to unilaterally act in that way because the singer’s contracts are with Gottwald’s companies, which in turn have agreements with the major. So it isn’t a direct party to the contracts Sebert’s supporters want to see torn up.

Meanwhile, Gottwald continues to deny all the allegations against him, and seems keen to continue with the legal fight. Responding to the appeal filing, the producer’s legal rep Christine Lepera is quoted by THR as saying: “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”.

She goes on: “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”.



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