#FreeKesha

Kesha in 2011; used with permission by Wikimedia Commons.

Kesha in 2011; used with permission by Wikimedia Commons.

Finally Kesha’s been in the news again. But no, she hasn’t released any more #2 hits. This February, the singer headlined articles when allegations against her producer, Dr. Luke, were made of sexual, physical, verbal, and emotional abuse toward her over the last ten years. Filed in 2014 and just now becoming public news, the intent of her lawsuit was to sever professional ties with her producer and subsidiary, allowing her to work with other labels and to receive damages because she allegedly nearly lost her life. The suit claims that “Ms. Sebert [Kesha’s last name] wholly believed that Dr. Luke had the power and money to carry out his threats; she therefore never dared talk about, let alone report, what Dr. Luke had done to her.” Specific instances of “sexual assault, sexual harassment, gender violence, civil harassment, violation of unfair business laws, infliction of emotional distress (both intentional and negligent) and negligent retention and supervision” were all outlined. Lukasz Sebastian Gottwald, or Dr. Luke, has been Kesha’s executive producer on both of her released albums (“Animal” in 2010 and “Warrior” in 2012) and an affiliate of the parent company, Sony Music, since November 2011.

Kesha arriving in New York for trial; used with permission by Wikimedia Commons
Kesha arriving in New York (February 2016) for trial; used with permission by Wikimedia Commons

Although the lawsuit was originally filed in California in October of 2014 (and countersued by Dr. Luke that same month), the trial has finally proceeded this year in New York City. Sparking attention, New York Supreme Court Justice Shirley Kornreich concluded that the injunction Kesha has requested cannot be fulfilled to a lacking of evidence to support her claims. “There has been no showing of irreparable harm. She’s being given opportunity to record.”

Dani Berman, a California student and self-proclaimed feminist, shares: “I’m very supportive of the #FreeKesha movement. As a female living on her own, I always look over my shoulder when walking alone or with friends. Also, to think that happened with someone she trusted worries me for my future career in the industry. The fact that a woman denied her request baffles me. We, as women, should support each other and stand as one, not push our gender further down its hole.”

Kesha in court after hearing the court decision; used with permission by Wikimedia Commons
Kesha in court after hearing the court decision; used with permission by Wikimedia Commons.

Fans have immediately reacted to the startling images of Kesha sobbing in court alongside her mother and boyfriend with the hashtag #FreeKesha, and a GoFundMe account was even created. Celebrities and fans alike have been voicing their support for the heartbroken singer. Adele publicly supported Kesha after accepting an award for female solo artist at the Brit Awards 2016. Lady Gaga’s powerful performance of “Til It Happens To You” at the Oscars shared in her nightmares of sexual assault and featured fellow victims of abuse on stage alongside her. Others have taken to social media to spread the word including Miley Cyrus and Demi Lovato, and Taylor Swift even offered a donation of $250,000. Through the #FreeKesha movement that has spawned after the lawsuit became nationally known, fans have been not only supporting Kesha but also publicly hating on Sony, the parent company of Dr. Luke’s label, Kasz Money. What fans don’t know though is that Sony legally cannot do a single thing because the contract was signed specifically with Kasz Money and not with Sony itself. Sony lawyer Scott Edelman commented to the New York Times that “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.”

Raquel Arens, a fellow senior and AAHS Yearbook Staff member, commented: “I am in support of the #FreeKesha movement because if the accusations she says are true, then I don’t understand how he could get away with it as well as why the request to terminate the contract was denied. Why doesn’t she instead file charges?”

The biggest controversy over Kesha’s allegations are the intent of her lawsuit. Kesha is not asking for Dr. Luke to be jailed or punished for his actions, but her allegations are specifically made toward abuse by her producer. While no proof has been presented to the judge, legally, nothing can be accepted except for the claims the singer has made, regardless of how genuine she seems. In the February 2016 ruling, Judge Kornreich stated that the case is not outright dismissed yet, and with proper evidence, a new decision can properly be made. This May, lawyers from both sides will present evidence for their clients in a phone conference, and if not settled by February of 2017, a new trial will begin. Kesha concluded: “This case has never been about a renegotiation of my record contract — it was never about getting a bigger, or a better, deal. This is about being free from my abuser.”

So where does Kesha go from here? The clock is Tik Tokkin’ on both her next legal move and her professional career decisions from here on out. Will she be able to produce legitimate evidence to aid in the refiling of her lawsuit? If not, does this mean Kesha’s out of business? Only time will tell for this Warrior.