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| Kesha Went to Court Against Dr. Luke. Now, the Tables Are Turned. | Kesha Went to Court Against Dr. Luke. Now, the Tables Are Turned. |
| (about 17 hours later) | |
| The most shocking lawsuit in music may have backfired. | The most shocking lawsuit in music may have backfired. |
| Two years ago, the singer Kesha rattled the pop world when she filed a lawsuit seeking to end her recording and music publishing contracts with Dr. Luke, one of the industry’s most successful producers. | Two years ago, the singer Kesha rattled the pop world when she filed a lawsuit seeking to end her recording and music publishing contracts with Dr. Luke, one of the industry’s most successful producers. |
| The pair had worked closely for nearly a decade, beginning in 2005, when Dr. Luke discovered an 18-year-old Kesha Sebert in Nashville, and ultimately collaborated on her successful solo albums and two No. 1 hits. | The pair had worked closely for nearly a decade, beginning in 2005, when Dr. Luke discovered an 18-year-old Kesha Sebert in Nashville, and ultimately collaborated on her successful solo albums and two No. 1 hits. |
| But in a lurid 2014 filing in California, a lawyer for Kesha claimed that throughout the partnership, Dr. Luke had “sexually, physically, verbally and emotionally abused” her, citing a 2005 incident in which Kesha said she was drugged and raped by the producer after a party. (No criminal charges were ever filed, and Dr. Luke strongly denied the accusations.) | But in a lurid 2014 filing in California, a lawyer for Kesha claimed that throughout the partnership, Dr. Luke had “sexually, physically, verbally and emotionally abused” her, citing a 2005 incident in which Kesha said she was drugged and raped by the producer after a party. (No criminal charges were ever filed, and Dr. Luke strongly denied the accusations.) |
| “I cannot work with this monster,” Kesha wrote in a 2015 affidavit seeking to void her extensive contracts with Dr. Luke (born Lukasz Gottwald). “I physically cannot. I don’t feel safe in any way.” | “I cannot work with this monster,” Kesha wrote in a 2015 affidavit seeking to void her extensive contracts with Dr. Luke (born Lukasz Gottwald). “I physically cannot. I don’t feel safe in any way.” |
| Almost overnight, Kesha, now 29, had shed her seemingly carefree persona, becoming in the eyes of many an underdog feminist symbol and attracting support from fans and peers including Adele and Taylor Swift, who donated $250,000 to her cause. “Free Kesha!” became a social media rallying cry. | Almost overnight, Kesha, now 29, had shed her seemingly carefree persona, becoming in the eyes of many an underdog feminist symbol and attracting support from fans and peers including Adele and Taylor Swift, who donated $250,000 to her cause. “Free Kesha!” became a social media rallying cry. |
| But public support has not translated into legal victories. In the two years since her initial civil filing, most of Kesha’s claims have been rejected by the court or withdrawn. She has swapped legal teams and expressed a desire to get back to work, though her situation remains precarious as she tries to regain a professional foothold after years without new music. (Her last album, “Warrior,” was released in 2012.) | But public support has not translated into legal victories. In the two years since her initial civil filing, most of Kesha’s claims have been rejected by the court or withdrawn. She has swapped legal teams and expressed a desire to get back to work, though her situation remains precarious as she tries to regain a professional foothold after years without new music. (Her last album, “Warrior,” was released in 2012.) |
| Legally, Dr. Luke, 43, seems to hold the stronger hand. He is aggressively pursuing his own lawsuit against Kesha in New York for defamation and breach of contract, claiming the abuse allegations stemmed from an acrimonious contract renegotiation that amounted to extortion. And the producer, known for his hits with Katy Perry and Miley Cyrus, has the financial means to press his case in an effort to restore his wounded reputation. | Legally, Dr. Luke, 43, seems to hold the stronger hand. He is aggressively pursuing his own lawsuit against Kesha in New York for defamation and breach of contract, claiming the abuse allegations stemmed from an acrimonious contract renegotiation that amounted to extortion. And the producer, known for his hits with Katy Perry and Miley Cyrus, has the financial means to press his case in an effort to restore his wounded reputation. |
| Ratcheting up the stakes, Kesha remains signed for up to three more albums, barring appeals, with Dr. Luke’s label, Kemosabe, a joint venture with Sony Music. | Ratcheting up the stakes, Kesha remains signed for up to three more albums, barring appeals, with Dr. Luke’s label, Kemosabe, a joint venture with Sony Music. |
| With every legal maneuver bitterly fought and drawing headlines, there seems to be no mutually agreeable way for either to undo the ugliness that has been sowed. Nor can their creative partnership be easily untangled. | With every legal maneuver bitterly fought and drawing headlines, there seems to be no mutually agreeable way for either to undo the ugliness that has been sowed. Nor can their creative partnership be easily untangled. |
| Deborah Wagnon, an entertainment lawyer and associate professor of contracts and intellectual property at Middle Tennessee State University, said that without a criminal claim, Kesha has “a difficult road” ahead if she is still seeking to separate herself from Dr. Luke. | Deborah Wagnon, an entertainment lawyer and associate professor of contracts and intellectual property at Middle Tennessee State University, said that without a criminal claim, Kesha has “a difficult road” ahead if she is still seeking to separate herself from Dr. Luke. |
| “Does she want to have a career and go forward?” Ms. Wagnon said. “Then she needs to record under her agreement until she can get free via a creative contractual option,” such as a third-party buyout. | “Does she want to have a career and go forward?” Ms. Wagnon said. “Then she needs to record under her agreement until she can get free via a creative contractual option,” such as a third-party buyout. |
| Kesha, too, sees a path forward through music. | Kesha, too, sees a path forward through music. |
| After years of dormancy, during which she claimed her career had been punitively “put on hold by Dr. Luke,” Kesha has recently re-emerged on tour, shoring up her finances and public support, singing “You Don’t Own Me” and “I Shall Be Released” as fans chant furiously against Dr. Luke. In August, she began publicly expressing a desire to release a new album as soon as possible, even as her deal with Dr. Luke remained in place. | After years of dormancy, during which she claimed her career had been punitively “put on hold by Dr. Luke,” Kesha has recently re-emerged on tour, shoring up her finances and public support, singing “You Don’t Own Me” and “I Shall Be Released” as fans chant furiously against Dr. Luke. In August, she began publicly expressing a desire to release a new album as soon as possible, even as her deal with Dr. Luke remained in place. |
| “Kesha has been trying for six months to record and release new music,” Daniel Petrocelli, a lawyer for Kesha, said in a statement. But he said that progress had been made only in the last month, adding: “It is hardly enough. Kesha still has received no commitments on promotion, songs or even a release date. We hope things turn around fast.” | “Kesha has been trying for six months to record and release new music,” Daniel Petrocelli, a lawyer for Kesha, said in a statement. But he said that progress had been made only in the last month, adding: “It is hardly enough. Kesha still has received no commitments on promotion, songs or even a release date. We hope things turn around fast.” |
| Christine Lepera, a lawyer for Dr. Luke, called Kesha’s return to the stage and studio “a significant retreat” after her efforts to get out of her contracts were denied. | Christine Lepera, a lawyer for Dr. Luke, called Kesha’s return to the stage and studio “a significant retreat” after her efforts to get out of her contracts were denied. |
| “She had stopped her own career; no one else did,” Ms. Lepera said in an interview. “For her to say, ‘Now I’m ready, so let’s hurry up’ — she could have been doing this all along.” | “She had stopped her own career; no one else did,” Ms. Lepera said in an interview. “For her to say, ‘Now I’m ready, so let’s hurry up’ — she could have been doing this all along.” |
| Ms. Lepera added that Dr. Luke has no choice but to follow through with his own lawsuit. “When someone who has so vigorously set out — consciously, clearly — to destroy someone’s reputation in the press is then backpedaling and refusing to prove those allegations in court, that signals a lack of credibility,” she said. | Ms. Lepera added that Dr. Luke has no choice but to follow through with his own lawsuit. “When someone who has so vigorously set out — consciously, clearly — to destroy someone’s reputation in the press is then backpedaling and refusing to prove those allegations in court, that signals a lack of credibility,” she said. |
| In his first public comments on the case since a string of tweets in February, Dr. Luke said he intended to take the defamation and breach of contract claims to trial, which could begin early next year. | In his first public comments on the case since a string of tweets in February, Dr. Luke said he intended to take the defamation and breach of contract claims to trial, which could begin early next year. |
| “It’s been frustrating and painful for me and my family to have to endure false accusations and watch people rush to judgment,” Dr. Luke said in a statement. “Kesha has lost or dismissed her claims, and seems to want to erase what she started, without caring at all about the damage she has caused and continues to cause me, my businesses and my family.” | “It’s been frustrating and painful for me and my family to have to endure false accusations and watch people rush to judgment,” Dr. Luke said in a statement. “Kesha has lost or dismissed her claims, and seems to want to erase what she started, without caring at all about the damage she has caused and continues to cause me, my businesses and my family.” |
| Dr. Luke’s highest-profile single this year, for Jennifer Lopez, was met with immediate backlash; a song crediting him has not reached the Top 10 this year. | |
| In filings, Kesha’s lawyers have criticized Dr. Luke’s “scorched earth litigation tactics,” including additional defamation suits against the singer’s manager; her mother, Pebe Sebert; and a former lawyer, Mark Geragos. | In filings, Kesha’s lawyers have criticized Dr. Luke’s “scorched earth litigation tactics,” including additional defamation suits against the singer’s manager; her mother, Pebe Sebert; and a former lawyer, Mark Geragos. |
| Dr. Luke “has made clear his intent to make the litigation as expensive as possible for the single defendant Ms. Sebert, who is currently unable to publish music without” Dr. Luke’s involvement, James Pearl, a lawyer for Kesha, wrote this month. | Dr. Luke “has made clear his intent to make the litigation as expensive as possible for the single defendant Ms. Sebert, who is currently unable to publish music without” Dr. Luke’s involvement, James Pearl, a lawyer for Kesha, wrote this month. |
| Kesha has echoed those fears. “Dr. Luke promised me he would stall my career if I ever stood up for myself for any reason,” she wrote in the 2015 affidavit. “He is doing just that.” | Kesha has echoed those fears. “Dr. Luke promised me he would stall my career if I ever stood up for myself for any reason,” she wrote in the 2015 affidavit. “He is doing just that.” |
| But Dr. Luke and his team trace the extended legal battle back to contract negotiations — and what he called “extortionist threats” by Kesha and her mother — that started in 2013, following the release of “Warrior.” | But Dr. Luke and his team trace the extended legal battle back to contract negotiations — and what he called “extortionist threats” by Kesha and her mother — that started in 2013, following the release of “Warrior.” |
| Ms. Lepera called Kesha’s initial lawsuit, filed by Mr. Geragos, a shock-and-awe campaign intended to scare Dr. Luke into relinquishing oversight of Kesha’s career. | Ms. Lepera called Kesha’s initial lawsuit, filed by Mr. Geragos, a shock-and-awe campaign intended to scare Dr. Luke into relinquishing oversight of Kesha’s career. |
| Dr. Luke has countered the abuse claims by pointing to additional recording contracts that Kesha signed after the alleged 2005 rape, in addition to warm personal correspondence and a sworn deposition, from 2011, in which Kesha said, “Dr. Luke never made sexual advances at me.” | Dr. Luke has countered the abuse claims by pointing to additional recording contracts that Kesha signed after the alleged 2005 rape, in addition to warm personal correspondence and a sworn deposition, from 2011, in which Kesha said, “Dr. Luke never made sexual advances at me.” |
| For her part, Kesha has cited intimidation and Dr. Luke’s control over her career as reasons for not reporting the abuse earlier. “I was too young and naïve to even understand what he was doing to me,” she said. | For her part, Kesha has cited intimidation and Dr. Luke’s control over her career as reasons for not reporting the abuse earlier. “I was too young and naïve to even understand what he was doing to me,” she said. |
| Representatives for Dr. Luke acknowledged that public opinion — especially online — has remained against him, even with incremental victories in court, as sexual assault becomes a more prominent issue. | Representatives for Dr. Luke acknowledged that public opinion — especially online — has remained against him, even with incremental victories in court, as sexual assault becomes a more prominent issue. |
| “Just because someone says it doesn’t make it true,” Ms. Lepera said, accusing Kesha of “using a status that is undeserved” to galvanize supporters. “And then who’s really the true victim?” | “Just because someone says it doesn’t make it true,” Ms. Lepera said, accusing Kesha of “using a status that is undeserved” to galvanize supporters. “And then who’s really the true victim?” |
| Now, as both sides prepare for trial, they are also in an awkward negotiation regarding Kesha’s music. Her representatives said she has turned over 22 new songs in varying states of completion, though they question Dr. Luke’s incentive to release them. “Kesha intends to continue participating in the creative process in the hopes she can meaningfully return to work,” Mr. Petrocelli said. | Now, as both sides prepare for trial, they are also in an awkward negotiation regarding Kesha’s music. Her representatives said she has turned over 22 new songs in varying states of completion, though they question Dr. Luke’s incentive to release them. “Kesha intends to continue participating in the creative process in the hopes she can meaningfully return to work,” Mr. Petrocelli said. |
| Sony Music and Dr. Luke’s team insisted the album is in development, with representatives for RCA, another Sony subsidiary, facilitating the process along with Kemosabe staff — and without Dr. Luke’s direct involvement. A list of outside producers has been approved, they said, and a recording schedule was in the works. | Sony Music and Dr. Luke’s team insisted the album is in development, with representatives for RCA, another Sony subsidiary, facilitating the process along with Kemosabe staff — and without Dr. Luke’s direct involvement. A list of outside producers has been approved, they said, and a recording schedule was in the works. |
| “Creating a new album takes time, and everyone’s goal is to deliver a high-quality album consistent with Kesha’s past releases,” Sony said in a statement. “We hope to share exciting new music with Kesha’s fans soon.” | “Creating a new album takes time, and everyone’s goal is to deliver a high-quality album consistent with Kesha’s past releases,” Sony said in a statement. “We hope to share exciting new music with Kesha’s fans soon.” |