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Kesha v. Dr. Luke

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Sebert v. Gottwald
CourtNew York Supreme Court
DecidedOngoing
Case history
Prior actionnot allegable.
Court membership
Judges sittingShirley Kornreich, Jennifer Schecter

Kesha v. Dr. Luke refers to a series of lawsuits and countersuits between the singer Kesha Rose Sebert (Kesha) and the music producer Lukasz Sebastian Gottwald (Dr. Luke). Sebert filed a civil suit against Gottwald in October 2014 for infliction of emotional distress, gender-based hate crimes and employment discrimination.[1] Gottwald filed a lawsuit in New York Supreme Court in which he sued Sebert and her mother, Rosemary Patricia "Pebe" Sebert, for defamation and breach of contract.[2][3][4]

Gottwald has denied all of the allegations. In the legal documents filed in support of his defamation suit against Sebert, he claims that Sebert and her mother made "defamatory statements in an attempt to extort Gottwald [Dr. Luke] into releasing Kesha from her exclusive recording agreement".[5] This New York lawsuit resulted in the staying of a California lawsuit where Kesha claimed Dr. Luke was guilty of sexual harassment, gender violence, civil harassment, violation of California's laws against unfair business practices, infliction of emotional distress (both intentional and negligent) and negligent retention and supervision.[5] In her New York counter-claim Kesha alleges that Dr. Luke "sexually, physically, verbally and emotionally" abused her since the beginning of their professional relationship. The suit alleged he drugged and raped her on two occasions, made threats against Kesha and her family, and called her derogatory names.[6]

On February 19, 2016, Kesha's request for a preliminary injunction was denied.[7] Kesha appealed the decision the following month.[8] On April 6, 2016, New York Justice Shirley Kornreich dismissed all of Kesha's counter-claims against Dr. Luke.[9] Kesha and her legal team appealed the injunction decision, and on June 7, 2016, Kesha was recorded in a deposition stating all the allegations' details.

Background

In September 2013, a Kesha fan set up a petition to "free" Kesha from Dr. Luke's management and accused Luke of "stunting" the singer's creative growth as an artist,[10] receiving over 10,000 signatures. It was later revealed on Kesha: My Crazy Beautiful Life that she had little creative control over her album Warrior, and was also stated that "Machine Gun Love", her favorite song that she had written, was omitted from the record against her wishes. Kesha had written over 70 songs that were intended for Warrior, but Dr. Luke scrapped many of them.[11] The co-director of My Crazy Beautiful Life, Steven Greenstreet, tweeted a picture in November of front row fans at one of Kesha's concerts carrying banners labelled, "F**k Dr. Luke." Kesha's mother Pebe blamed Dr. Luke for her lack of creative input and said that she hoped that Kesha would be dropped from RCA Records.[12][13]

Lawsuit

In October 2014, Kesha sued Dr. Luke for sexual assault and battery, sexual harassment, gender violence, emotional abuse, and violation of California business practices which had occurred over 10 years working together. She states that Dr. Luke repeatedly drugged her, had sexual contact with her, with and without her consent, and that his abuse caused her eating disorder. Kesha asked the court to break her contract with Dr. Luke.[14] In response, Dr. Luke filed a countersuit against Kesha alleging defamation, accusing her, her mother, and her management of fabricating the abuse claims to break her contract with him.[15] In November, Dr. Luke asked the judge to dismiss Kesha's accusation of sexually abusing her.[16] In early December, Dr. Luke filed a defamation lawsuit against Kesha's lawyer, Mark Geragos, accusing him of implications that Luke had raped Katy Perry. Perry's team denied any such incident.[17] Later in December, Luke's lawyers amended the official complaint in the defamation lawsuit to introduce additional items, including a handwritten birthday card from Kesha back in 2009. Luke's attorney claimed the card is from several years after Kesha claims he started abusing her. Other additions included several emails between Dr. Luke and Kesha's mother, where the latter wrote to him, "You are part of our family." Dr. Luke further accused Jack Rovner, president of Vector Management, of "longstanding antipathy" towards him, alleging Rovner wants more money and control of Kesha's career.[18][19]

On February 18, 2015, during New York Fashion Week, Kesha wore a Discount Universe dress with the words "You Will Never Own Me" on the front of the garment, which at least one media source speculated to be an obvious jab at Dr. Luke amid Kesha's recovery.[20] On June 9, 2015, it was reported that Kesha amended her complaint against Dr. Luke and added a suit against Sony Music Entertainment, with Kesha's lawyer claiming "Dr. Luke's proclivity for abusive conduct was open and obvious to [Sony Music Entertainment] executives, who either knew of the conduct and turned a blind eye, failed to investigate Dr. Luke's conduct, failed to take any corrective action, or actively concealed Dr. Luke's abuse."[21] Kesha sought an injunction with Sony against working and releasing music with Dr. Luke and for greater artistic freedom. Kesha's lawyer, Mark Geragos, responded about the injunction saying "She cannot work with music producers, publishers, or record labels to release new music. With no new music to perform, Kesha cannot tour. Off the radio and stage and out of the spotlight, Kesha cannot sell merchandise, receive sponsorships, or get media attention. Her brand value has fallen, and unless the Court issues this injunction, Kesha will suffer irreparable harm, plummeting her career past the point of no return."[22]

Kesha's videotaped deposition

Before her legal battle against Dr. Luke, in 2011, Kesha had previously sworn under oath that the producer had never assaulted or drugged her in a deposition for a lawsuit against her former managers at DAS Communications, a key piece of evidence that played a role in the court denying the injunction.[23] Kesha and her lawyers claimed the statements made in the deposition were false and the result of fear, being abused, bullying and rape trauma (C-PTSD) syndrome.[24]

Trial

February 2016: Judge denies preliminary injunction

Kesha arrives at the New York State Supreme Court in lower Manhattan amidst fans shouting "Free Kesha Now!" for proceedings in a contract dispute with Dr. Luke.

On February 19, 2016, New York Supreme Court Judge Shirley Kornreich ruled against Kesha's request for a preliminary injunction that would release her from her contract with Kemosabe Records, a label owned by Lukasz Gottwald, also known as Dr. Luke, under the umbrella of Sony Music Entertainment.[25][26][27][28] The decision was made after the judge told her lawyer, Mark Geragos, that he was essentially "asking the court to decimate a contract that was heavily negotiated and typical for the industry".[29] Further, in 2011, Kesha went on record saying that Dr. Luke had never drugged or touched her during a deposition in a case against her former managers at DAS Communications. According to the defense, Gottwald had already invested $60 million in her career and also offered to allow the singer to fulfill her contract and record without his involvement.[30] The judge also cited what she felt was vagueness in Kesha's counterclaims, referring to the lack of documentation or hospital records supporting the alleged attack.[28]

The verdict sparked protests outside the courtroom by Kesha's supporters, and started the "#FreeKesha" movement online.[31][32] Responding to the online campaign, Dr. Luke tweeted, "I didn't rape Kesha and I have never had sex with her. Kesha and I were friends for many years and she was like my little sister." He further added that the lawsuit was "motivated by money."[33] On February 24, 2016, Scott A. Edelman, an attorney representing Sony stated, "Sony is doing everything it can to support the artist in these circumstances, but is legally unable to terminate the contract to which it is not a party." The reason being that Kasz Money, a company of Dr. Luke, signed the initial contract with Kesha in 2005. The company licensed the contract to various Sony Music subsidiaries such as RCA/Jive and Kemosabe Records but retained its ownership.[34][35] On March 21, Kesha appealed the denial.[8]

Reports were made of an alleged offer made to Kesha after the ruling. Kesha made social media posts stating that she was offered freedom from the recording contract with the condition that she retract the rape and drug allegations and publicly apologize for lying. According to posts Kesha made, she rejected the settlement and said the truth cannot be retracted.[36][37] A spokesperson for Dr. Luke denies that a settlement was ever offered.[36]

April 2016: Judge dismisses all of Kesha's abuse claims

On April 6, 2016, New York Judge Shirley Kornreich dismissed Kesha's claims of sexual assault, sexual harassment, and gender violence.[9]

"While Kesha's [claim] alleges that she was sexually, physically and verbally abused by Gottwald for a decade, she describes only two specific instances of physical/sexual abuse," Kornreich wrote. "And the most recent event described was alleged to have happened in 2008 and so falls outside of the statute of limitations." Kornreich dismissed Kesha's hate crime claim because the filings "do not allege that Gottwald harbored animus toward women or was motivated by gender animus when he allegedly behaved violently toward Kesha ... Every rape is not a gender-motivated hate crime." Kesha's claim of intentional infliction of emotional distress was dismissed by Kornreich because "claims of insults about her value as an artist, her looks, and her weight are insufficient to constitute extreme, outrageous conduct intolerable in civilized society."[38]

August 2016: Kesha drops charges in Los Angeles

More than 18 months after first filing charges, Kesha dropped her sexual abuse case in Los Angeles (while continuing her New York suit) clarifying that "this lawsuit [has been] so heavy on my once free spirit, and I can only pray to one day feel that happiness again."[39]

She stated she wanted to release music for her fans. Kesha finally released the single "Praying" on July 5, 2017, on Dr. Luke's record label Kemosabe Records, with a third album, Rainbow released on August 11, 2017, also released on Kemosabe.

Judge Shirley Kornreich, who presided over the trial, is married to lawyer Ed Kornreich, who is a partner in Proskauer Rose, the law firm that represents Sony/RCA.[40]

March 2017

A judge refused to amend her original case in March 2017, noting that Kesha had entered a contract after the time period that the singer alleges that abusive behavior began and contradicting the assertion that any alleged abuse would have been unforeseeable and suggesting that Dr. Luke's alleged abusive behavior would have been foreseeable.[41][42][43]

Reactions

Numerous celebrities reacted to the ruling. George Takei wrote, "This ruling is an unfortunate and troubling example of favoring corporations over people."[44] Producer Brad Walsh tweeted "Forcing a woman to work with her rapist, or to work to profit her rapist, is a failure of justice."[45] Lena Dunham wrote an article, expressing her solidarity with Kesha.[46]

Several musicians also voiced their support for Kesha through Twitter.[47][48][49] Miley Cyrus and Margaret Cho posted a picture of Fiona Apple holding a placard reading, "Kesha—I am so angry for you. They were wrong. I'm so sorry" on Instagram.[50] Jack Antonoff and Zedd also offered to produce and work with Kesha, with the latter of the two eventually producing her song "True Colors".[51] While accepting a trophy at the Brit Awards, Adele stated, "I'd also like to take this moment to publicly support Kesha."[52] Singer-songwriter Taylor Swift donated $250,000 to help her with any of Kesha's financial needs.[53] Lady Gaga, Iggy Azalea, Demi Lovato, Lilly Singh, Alessia Cara, Ariana Grande, Lily Allen, Kelly Clarkson, Lorde, Haim, Marina Diamandis, and other artists supported Kesha through social media.[54][55]

Conversely, TV host Wendy Williams sided against Kesha in the ruling, saying in an interview, "Unfortunately business is business, and it sounds like it's fair. If everybody complained because somebody allegedly sexually abused them and was ripping them off, then contracts would be broken all the time."[56] However, after Kesha posted an Instagram post, in which she claimed that she had been "offered contractual freedom from Dr. Luke if she would recant her sexual abuse allegations, but that she refused", Williams changed her mind and apologized to Kesha, explaining "unfortunately a lot of people lie about rape so I was just being skeptical".[57]

References

  1. ^ Coscarelli, Joe (April 7, 2016). "New York State Judge Rejects Kesha's Claims in Dr. Luke Case". The New York Times. Retrieved April 7, 2016.
  2. ^ Puth, Charlie. "Charlie Puth Talks Kesha and Dr. Luke's Legal Battle". E! Online. Retrieved August 20, 2016.
  3. ^ Hendicott, James (February 25, 2016). "Sony break silence on Kesha v Dr Luke case: 'Sony is not in a position to terminate the contract'". NME. Retrieved August 20, 2016.
  4. ^ Jagannathan, Meera (May 22, 2016). "Kesha vs. Dr. Luke and Sony: Ahead of the Billboard Music Awards, an explainer of their legal clash". New York Daily News. Retrieved August 20, 2016.
  5. ^ a b Merriman, Rebecca (20 February 2016). "Kesha's dramatic legal battle with alleged rapist Dr Luke". The Daily Mirror.
  6. ^ Mejia, Paula (February 19, 2016). "What's going on with the Kesha and Dr. Luke debacle?". Newsweek.
  7. ^ Ledbetter, Carly (May 18, 2016). "Judge Rules Kesha's Sexual Assault Allegations Aren't Enough To Free Her From Contract". The Huffington Post.
  8. ^ a b "Kesha Appeals Judge's Denial of Dr. Luke Injunction". Billboard. March 21, 2016.
  9. ^ a b Redden, Molly (6 April 2016). "Judge dismisses Kesha's sexual assault case against producer Dr Luke". The Guardian. Retrieved 7 April 2016.
  10. ^ "Ke$ha's Concerned Fans Have Started A Petition To Free Her From Dr. Luke". September 23, 2013.
  11. ^ "Ke$ha's Director Tweets Photo Of Fans Revolting Against Dr. Luke". arcadey. September 30, 2013. Retrieved July 26, 2014.
  12. ^ "Ke$ha's Mom Calls Out Dr. Luke On Twitter, Says He's Not Giving Ke$ha Creative Freedom". Popdust.
  13. ^ Wass, Mike (October 30, 2013). "Ke$ha's Mom Shades Dr. Luke On Twitter, Demands Creative Freedom For Her Daughter". Idolator.
  14. ^ Gardner, Eriq (October 14, 2014). "Date Rape, 'Sober Pills,' and 'Suffocating Control': Read Kesha's Lawsuit Against Dr. Luke". Billboard. Retrieved October 14, 2014.
  15. ^ Grow, Kory (October 15, 2014). "Dr. Luke Sues Kesha for Defamation After Sexual Assault Allegation". Rolling Stone. Retrieved October 15, 2014.
  16. ^ "Dr. Luke wants sexual abuse allegations dismissed". Page Six. Retrieved December 25, 2014.
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  18. ^ Lynch, Joe (December 23, 2014). "Kesha's Birthday Card to Dr. Luke Added to Defamation Lawsuit". Billboard. Retrieved December 25, 2014.
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  21. ^ Gardner, Eriq (June 9, 2015). "Kesha Claims Sony Puts Female Artists in 'Physical Danger' in Dr. Luke Lawsuit". The Hollywood Reporter. Retrieved June 12, 2015.
  22. ^ Gardner, Eriq (September 21, 2015). "Kesha Warns Her Career Will Be Over Without Injunction Against Dr. Luke". The Hollywood Reporter.
  23. ^ Nelson, Jeff. "Kesha Denied Dr. Luke 'Made Sexual Advances,' Roofying Her in 2011 Deposition". People. Retrieved 2 March 2016.
  24. ^ Gray, Emma (December 28, 2016). "Confused Why Women Don't Report Sexual Assault? Ask Kesha". The Huffington Post. Retrieved April 6, 2017.
  25. ^ Stutz, Colin (November 5, 2015). "Kesha's Mom Likens Daughter's Legal Obligations to Sony to Slavery". Billboard.
  26. ^ Gardner, Eriq (October 30, 2015). "Kesha Pushes for Injunction So She Can Record Album Without Dr. Luke". Billboard.
  27. ^ Ross, Barbara (February 20, 2016). "Kesha sobs as judge refuses to cancel contract with producer Dr. Luke who allegedly raped her in 2006". New York Daily News.
  28. ^ a b Gardner, Eriq; Weiner, Natalie (February 19, 2016). "Judge Won't Let Kesha Escape Dr. Luke Contract". The Hollywood Reporter.
  29. ^ "High court won't let singer Kesha out of contract with man she says raped her". February 19, 2016.
  30. ^ Goldstein, Jessica M. (February 24, 2016). "Why Sony Doesn't Want To Let Kesha Out Of Her Contract With Her Alleged Abuser". Retrieved December 6, 2017.
  31. ^ Cox, Jamieson (November 4, 2015). "Why can't Kesha just release a mixtape?". The Verge.
  32. ^ Wass, Mike (February 19, 2016). "Kesha Fans Express Their Outrage At Dr. Luke Verdict On Twitter". Idolator.
  33. ^ Britton, Luke Morgan (February 23, 2016). "Dr Luke responds to #FreeKesha social media campaign". NME.
  34. ^ Coscarelli, Joe (February 24, 2016). "Kesha Speaks Out About Dr. Luke Case as Adele Voices Support". The New York Times.
  35. ^ Flanagan, Andrew (February 25, 2016). "Sony Music Breaks Silence on Kesha & Dr. Luke". Billboard.
  36. ^ a b Sblendorio, Peter (April 3, 2016). "Kesha says she was offered 'freedom' if she agreed to 'lie'". New York Daily News. Retrieved April 6, 2016.
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  38. ^ Kornhaber, Spencer (April 7, 2016). "The Legal Facts About Kesha's Loss". The Atlantic. Retrieved April 7, 2016.
  39. ^ Vain, Madison (August 2, 2016). "Kesha on dropping case against Dr. Luke: 'My fight continues'". Entertainment Weekly. Retrieved September 25, 2016.
  40. ^ Finn, Natalie (August 25, 2016). "Does the Judge's Marriage Matter: The New Twist in Kesha vs. Dr. Luke". E! Online. Retrieved September 25, 2016.
  41. ^ Hogan, Marc (March 21, 2017). "Kesha Suffers Serious Setback in Dr. Luke Case". Pitchfork. Retrieved April 25, 2017.
  42. ^ Gardner, Eriq (March 21, 2017). "Kesha's Amended Lawsuit Against Dr. Luke Rejected by Judge". The Hollywood Reporter. Retrieved April 25, 2017.
  43. ^ "Judge rejects Kesha's latest effort to void contract, suggests Dr. Luke's abuse would have been 'foreseeable'". thinkprogress.org. 22 March 2017. Retrieved 25 April 2017.
  44. ^ George Takei (February 22, 2016). "This ruling is an unfortunate and troubling example of favoring corporations over people. Happy to see other prominent artists coming to her aid".
  45. ^ @BradWalsh (February 19, 2016). "Forcing a woman to work with her rapist, or to work to profit her rapist, is a failure of justice" (Tweet) – via Twitter.
  46. ^ Dunham, Lena (February 23, 2016). "Why Kesha's Case Is About More Than Kesha". Lenny. Retrieved June 4, 2016.
  47. ^ McAfee, Melonyce (February 21, 2016). "Stars and fans back Kesha in contract dispute after abuse allegations". CNN.
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  50. ^ "Fiona Apple and Margaret Cho Voice Support For Kesha: 'I Am So Angry For You'". Billboard.
  51. ^ "Jack Antonoff, Zedd Offer To Help Kesha Make Music Amid Court Battle With Dr. Luke". MTV News.
  52. ^ Strecker, Erin (February 24, 2016). "Adele Offers Her Public Support to Kesha". Billboard. Retrieved February 24, 2016.
  53. ^ Newman, Jason (February 22, 2016). "Taylor Swift Donates $250,000 to Kesha After Court Ruling". Rolling Stone. Retrieved November 22, 2016.
  54. ^ Billboard (February 19, 2016). "Alessia Cara, Halsey, Lily Allen & More Support Kesha on Twitter: 'My Heart Breaks for Kesha'". Yahoo. Retrieved June 4, 2016.
  55. ^ "26 Stars Who Joined the #FreeKesha Movement". EW.com. Retrieved June 4, 2016.
  56. ^ Peng, Chelsea F.C. (February 23, 2016). "Wendy Williams Just Victim-Shamed Kesha". Marie Claire. Retrieved February 25, 2016.
  57. ^ "Wendy Williams Changed Her Mind About Kesha, Was Skeptical Because 'A Lot of People Lie About Rape'". Jezebel. April 2016.
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