Pop artist Kesha is denied release from contract in court.

[Keyhole]

This is unfortunate :(. Poor women is stuck with that psychopathic music producer for the next 7 (or so) albums and probably many years to come.

Link: _http://edition.cnn.com/2016/04/06/entertainment/kesha-dr-luke-appeal-denied-feat/index.html

A New York judge threw out Kesha's appeal Wednesday in her case against Sony Music.
Kesha, the singer known for hits such as "Tik Tok" and "Die Young," had appealed a decision in February that said she could not be released from her contract with producer Dr. Luke.
Kesha has alleged that Dr. Luke, whose real name is Lukasz Gottwald, had sexually, emotionally and physically abused her. Dr. Luke's record label is affiliated with Sony.
Manhattan state Supreme Court Justice Shirley Werner Kornreich noted that Kesha had "failed to plead that any of the alleged discrimination occurred in New York State or City," and that the court had no jurisdiction over the claims.
The court also denied Kesha's claims that Dr. Luke's abuse constituted a hate crime.

"Although Gottwald's alleged actions were directed to Kesha, who is female, (her claims) do not allege that Gottwald harbored animus toward women or was motivated by gender animus when he allegedly behaved violently toward Kesha," the judge wrote. "Every rape is not a gender-motivated hate crime."
Moreover, the decision said that the statute of limitations on the claims had expired.
CNN has reached out to representatives of Dr. Luke and Kesha for statements.
The case has attracted widespread interest, with many celebrities tweeting their support. Taylor Swift pledged to donate $250,000 to support Kesha.
Taylor Swift gives $250,000 to Kesha

Taylor Swift gives $250,000 to Kesha 00:55
Kesha, whose full name is Kesha Rose Sebert, alleged in a suit filed in Los Angeles in 2014 that Dr. Luke, a powerful figure in pop music, persuaded her to move away from her family in Nashville at 18 to pursue a glamorous career as a pop star in 2005.
Dr. Luke has denied abuse or rape. After Korneich's February ruling he said on Twitter that he did not rape Kesha and never had sex with her. He cited court proceedings in 2011 in which Kesha testified that the date rape never took place.
Gottwald brought the dispute cross-country by filing a lawsuit in New York Superior Court alleging defamation and breach of contract, claiming New York was the appropriate venue for claims related to their contracts. The California court stayed Kesha's lawsuit pending resolution of the actions in New York, prompting Kesha to file counterclaims alleging sexual harassment, gender-based violation and intentional infliction of emotional distress.
Kesha is seeking undisclosed monetary damages and to be let out of her contracts. She has asked to record outside the purview of Dr. Luke, saying that as long as she's tied to the producer her career will suffer.

 

[kalibex]

What would happen if she flat-out refused to make any more albums?

 

[Arwenn]

That's just so tragic for Kesha. It's funny that you posted this Keyhole, because I just watched a movie about this issue the other day. The music industry is rife with ripping young artists off. They're lured in with the promise of fame, and doing what they love (being a performer, recording artists etc) but unless they understand legalese or has a very good lawyer, they're screwed.

The hit hip-hop girl group TLC from the 90s was badly ripped off by their manager Pebbles and her company Pebbitone. Even though they were very successful and went platinum, won a few Grammys, had sold out concerts world wide, they were paid a total of $50,000 over a period of 3 years and actually owed quite a large sum of money because of the way their contract was worded. They had to eventually file for bankruptcy. I watched their biopic CrazySexyCool, and it certainly cast a different light for me on how ruthless the music industry can be.

Incidentally Pebbles is suing Viacom for $40 million for defamation, because of the way she was portrayed in that movie. She herself used to be a singer who was also stung by her first manager, so you'd think she'd understand. From what I've read about her, she is a $$ hungry serial marry-er with a very shady past.

Toni Branxton is another singer that was managed by Pebbles, who also had to file for bankruptcy. It's truly an indictment of our society to see this level of rank greed and corruption- I'm sure with that level of success there would have been enough to go around for everyone to keep all sides happy. Greed knows no end, I guess

 

[Windmill knight]

That's ridiculous! It's bad enough that she needs to hang out with that guy when she doesn't want to, but even worse that the judge will do nothing about violence and abuse because of arguments like she "failed to plead that any of the alleged discrimination occurred in New York State or City", or that the abuse does not show that's hate crime. Talk about legalisms and missing the spirit of the law.

 

[Jenn]

What would happen if she flat-out refused to make any more albums?

I'm unsure about what the law states, but I think she would probably be sued or maybe even sent to jail as she is legally bound by her contract. Either that or she would be totally blacklisted and her career run into the ground.

This story is so sad, it has received a lot of social media attention plus lots of famous people showing public support for Kesha and yet this hasn't changed the fact that she will have to work with Dr Luke- sick society

 

[luke wilson]

What would happen if she flat-out refused to make any more albums?

I'm unsure about what the law states, but I think she would probably be sued or maybe even sent to jail as she is legally bound by her contract. Either that or she would be totally blacklisted and her career run into the ground.

This story is so sad, it has received a lot of social media attention plus lots of famous people showing public support for Kesha and yet this hasn't changed the fact that she will have to work with Dr Luke- sick society

There is another similar case I ran across, though not involving a pop artist. The guy in question was one of the best boxers of the recent generation who wanted to get out of his contract with his promoter. Everytime he took his case to court it got thrown out so he simply didn't fight for a solid number of years. His promoter recently died so he's recently gone back to the ring.

_http://sports.yahoo.com/blogs/boxing/california-judge-rules-in-favor-of-promoter-in-lawsuit-with-andre-ward-222918499.html

 

[kalibex]

[.. this hasn't changed the fact that she will have to work with Dr Luke- sick society

If she wants to maintain her career as it is. Sounds like... theoretically at least...she could turn her back on it all, and walk away.

Don't mistake me - I know it wouldn't be 'justice', it wouldn't be right, wouldn't be 'fair'... but she could theoretically walk away and not have to work with the man she has wanted to distance herself from.

Putting aside the possibility of being sued into the Poorhouse, or even jailed... there's nothing stopping her from, say, continuing her musical career as a live-act only... as one possibility.

 

[kalibex]

...so he simply didn't fight for a solid number of years. His promoter recently died so he's recently gone back to the ring.

Exactly. Many of these legal judgements are very unfair, but the performers' careers aren't automatically over, not by a long shot.

 

[Chad]

With regards to contract issues: didn't something similar happen to Prince?

In his instance, he changed his name to a symbol and moved on. But i imagine Kesha's case is more complicated.

 

[Meg]

That's ridiculous! It's bad enough that she needs to hang out with that guy when she doesn't want to, but even worse that the judge will do nothing about violence and abuse because of arguments like she "failed to plead that any of the alleged discrimination occurred in New York State or City", or that the abuse does not show that's hate crime. Talk about legalisms and missing the spirit of the law.

No kidding! "Every rape is not a gender-motivated hate crime."!? What is it then?

How horrifying for Kesha. I hope she gets another attorney and walks out on her contract. Maybe she can file in another state.

 

[Redrock12]

I wonder if that judge has a Swiss bank account, and Dr. Luke slipped a few hundred grand his way.
All in all, a real tragedy for Kesha, but, as mentioned in previous posts, there are other means and ways to stick it to Dr. Luke.
Like spreading the message of what he really is via social media.

 

[kalibex]

....there are other means and ways to stick it to Dr. Luke.
Like spreading the message of what he really is via social media.

Which she has been doing - saw the other day that she let everyone know that Sony had been pressuring her to recant.

 

[curious_richard]

Is there a reason she can't just produce 7 albums full of crap to fulfill the contract? She could use titles like "Don't Buy This!", or "You'll Regret It!", or "Only Two More To Go!".

I remember Monty Python had an album called "Contractual Obligations" and it was filled with racist and obnoxious songs and skits.

 

[Buddy]

This is unfortunate :(. Poor women is stuck with that psychopathic music producer for the next 7 (or so) albums and probably many years to come.

I think she'll find a way out of it somehow.

I became familiar with Ke$ha from her videos of TiK ToK and Take It Off. I found the multi-layered music and rhythm stacking in TiK ToK appealing to my brain. I also found the nocturnal freakfest in Take It Off consistent with my experience of certain temperaments - folks who force themselves to tolerate the daily repetitive grind and the monotonous mind-flicking crap inherent in ponerized society and 'let it out' on weekends in what's usually deemed creative outlets and more 'private parties.'

Interestingly, the 'dancing with dust' idea seems consistent across cultures as we can see in this Russian pop video: (Натали - О Боже, какой мужчина!_https://www.youtube.com/watch?v=SYAf3JEB7Xc&list=RDBQ-tneWN3aE) and a few more I know of. We just need a place where we can throw it around and dance into it.

Anyway, personally, I support Ke$ha's and anyone else's desire to get out of her/their contract if (s)he wants - even if no crime against the artist were involved - and then something put in place to allow that option in future contracts. It just seems that designing a binding that effectively 'owns' someone can naturally suffocate one's work and work against all involved.

 

[luke wilson]

Well, on the contract front, an artist is just like an employee. They sign a contract which states what their job is (lets say make 7 albums), the company then promotes and does all the behind-the-scenes work to make said artist into an icon or brand. Artist becomes big as a result.

Unfortunately, due to overwhelming demand of people wanting to make it and the non-ending supply of said people, the individual artist is usually left at a slight disadvantage at the negotiating table with said company and/or promoter. They have a choice to make.... What risks are they willing to take on for the possibility of hitting the big time.

One can argue that Kesha is a victim of the times and also that without making the deals she made, she would never even have made a song that went global. It seems that for her to break free, she has to pretty much abandon her career because one would imagine if she went foul of her employers, she'd be done for in terms of being a mainstream artist i.e. the resources she could call upon before would no longer be there. Also, competition is stiff for someone in her position who is essentially a forgettable artist in the talent pool vying for the limelight.

Its a crime, a travesty but it's reality in today's world.