Kesha Files Appeal in Dr. Luke and Sony Case, Links Judge's Ruling to ''Slavery''

Documents argue judge's decision denying Kesha's request for an injunction

By Bruna Nessif, Baker Machado Mar 21, 2016 10:46 PMTags
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Kesha is not about to let this Dr. Luke legal battle come and go without a fight.

The singer and her lawyers appealed a judge's decision last month to keep her in her recording contract with the Sony music producer, real name Lukasz Gottwald, arguing that the ruling denying Kesha's request for an injunction on her recording contract to release music outside of the producer's authority is in the likes of "slavery."

According to Kesha's appeal, which was obtained by E! News, the singer's legal team stated, "First, the Court erred in basing its decision on its finding that Kesha could record without interference from Gottwald. 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 Gottwald's companies, purportedly without his involvement, does just that. As the Court itself recognized, '[i]t's slavery. You can't do that.'"

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The singer's camp also disputed the judge's opinion that no irreparable harm had been done to Kesha's career, explaining that "affidavits by individuals with over 100 years of collective personal experience in the music industry" have proven 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."

Dr. Luke's spokesperson has released the following statement to E! News in regards to the appeal: "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."

E! News has reached out to Kesha's legal team for comment.

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The general public has been embroiled in every update of the case since a tear-stricken Kesha sat in a Manhattan Supreme Court room as her request for a preliminary injunction was denied, and have followed the ongoing support given to the singer by numerous artists in the industry.

While the legal battle is currently in its discovery period and a trial is not expected to begin until 2017, Justice Shirley Kornreichwho presided over the case in February, said Kesha would not have to interact with her accused abuser in fulfilling her contract while the case is still under way. 

Scott A. Edelman, an attorney representing Sony, previously told E! News, "Sony has made it possible for Kesha to record without any connection, involvement or interaction with Luke whatsoever, but Sony is not in a position to terminate the contractual relationship between Luke and Kesha."

However, Kesha's mother Pebe Sebert claims Luke still maintains a level of underlying control. "Kesha's allowed to work with another producer," Pebe told Billboard. "But Luke gets to approve them. He gets to approve of anyone she works with. He has final say over everything." 

In a lengthy Facebook post addressing the situation shortly after the ruling, Kesha wrote that this case "has never been about a renegotiation of my record contract," but rather, "This is about being free from my abuser."