Last week, New York judge Justice Shirley Werner Kornreich denied Kesha’s movement for a court injunction that would have allowed her to record music without producer Dr. Luke
, a man Kesha alleges abused her for many years.
The denial of the court injunction (and order issued by a court that forces a defendant to stop doing something) means that Kesha
will still be held under her Sony Music contract.
Singer Kesha and Producer Dr. Luke Battle Injunction in Court
This denial of injunction
is just another step in an on-going battle that has raged between the “TikTok” singer and super-producer since 2014.
In 2014, Kesha, full name Kesha Rose Sebert, 28, filed a lawsuit against Dr. Luke, real name Lukasz Gottwald, 42, that alleged the producer has sexually drugged her, raped her, and verbally abused her since she began working with him at the age of 18.
Kesha is widely known for her debut single “TikTok.” The album topped the Billboard Hot 100 for nine weeks at the end of 2009. It went on to set 610,000 digital units. Gottwald is protégé of super-producer Max Martin and has produced huge hits such as Kelly Clarkson’s “Since U Been Gone,” Pink’s “U + Ur Hand,” Katy Perry’s “I Kissed a Girl.” Since 2011, he has had an arrangement with music conglomerate Sony Music that allows him to run the imprint, Kemosabe Records while writing and producing music exclusively for Sony.
The 2014 lawsuit that Kesha files against Gottwald
alleges that the producer “sexually, physical, verbally and emotionally abused” her for years. In that lawsuit, Kesha’s goal is to void the contract that she signed with Dr. Luke and Sony so that she will be allowed to work with other labels and publishing units. She also is seeking to receive damages for the abuse she alleges occurred.
Gottwald has always denied the allegations. As Gottwald’s lawyer, Christine Lepera, said following the ruling on the court injunction, “As Dr. Luke has said repeatedly, the allegations against him are outright lies that have been advanced to extort a contract negotiation and money. Kesha and her counsel have cavalierly subjected Dr. Luke and his family to trial by Twitter, using a vicious smear campaign to ruin his reputation for financial gain while failing to support their claims.”
One thing that supports Lepera’s statement is the fact that in 2011 Kesha testified that Gottwald had not made advances at her.
Working with an Attorney to Address False Rape Accusations
Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example – and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused. Here are some things you can do:
- Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present.
- Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed.
- Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember.
- Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights.
- You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal, APC.
Though Kesha might have stated in 2011 that Gottwald had not made advances, in her 2014 lawsuit, the singer accused Gottwald of using drugs and alcohol as a means of committing sexual assault against her, while all the time wielding his power over her career and as her producer as a way to keep her silent about the abuse.
According to the 2014 lawsuit, “Ms. Sebert 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.”
Dr. Luke Responds to 2014 Lawsuit
Dr. Luke responded to Kesha’s alleged abuse lawsuit with his own – claiming defamation and breach of contract.
Sexual misconduct allegations should not be taken lightly. Although it’s not clear how these latest rounds of lawsuits will play out, it’s important to take the necessary precautions to protect yourself if you find that you are being accused of rape or sexual molestation.
There are some important steps to remember if you have been charged with a sex crime:
- Do not speak with police or any other investigation team unless you have secured legal Representation. While police will often say they are just conducting an objective investigation, remember that they are trying to build a case at all times. Anything you say can be held against you.
- If you have already spoken with police or other investigators do not continue to do so
- Do not confide in friends or relatives until you have legal representation
- Do not wait to secure legal representation. These allegations will not fade away or just disappear.
You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal, APC.
February Court Injunction
Though the 2014 lawsuit has yet to be ruled on, the denial of the court injunctionhanded down mid-February means Keshawill not be released from her recording contract with Sony Music Entertainment and Dr. Luke.
Meanwhile, according to her lawyer, Mark Geragos, Kesha’s career is “at a standstill.” The current contract she holds requires that Dr. Luke produce at least 6 songs on each of her records.
As Kesha’s lawyers wrote in the motion for the preliminary injunction, “Kesha Rose Sebert wants nothing more than to be able to record an album.” As her lawyers wrote, “Her only condition is that she be allowed to record with a record label that is not affiliated with someone who has emotionally and sexually abused her.”
In her decision, Justice Shirley Werner Kornreich stated, “You’re asking the court to decimate a contract that was heavily negotiated and typical for the industry.” Sony has indicated that they would be open to allowing the singer to record without Dr. Luke.
Kornreich also stated “There has been no showing of irreparable harm. She’s being given opportunity to record.”
Following the ruling on the court injunction, Gottwald’s lawyer, Christine Lepera, said “Kesha is already ‘free’ to record and release music without working with Dr. Luke as a producer if she doesn’t want to. Any claim that she isn’t ‘free’ is a myth.”
The #FreeKesha Movement
In 2013, amid first rumblings of her off-relationship with Dr. Luke, fans started the “Free Kesha” movement to free the singer from Dr. Luke and her Sony contract. At that time, Kesha admitted herself into a rehab facility for treatment of an eating disorder that, according to Kesha’s mother, Pebe Sebert, was fueled by Dr. Luke. Allegedly the producer had pressured the singer to lose weight and had called her a “refrigerator.”
Since February’s hearing on the court injunction, fellow female artists, including Lorde, Kelly Clarkson, and Lady Gaga have stepped forward in support. And most recently, Taylor Swift pledged $250,000 to the singer to help with any financial needs she might have.
While Kesha is receiving support from fans and colleagues, we’ll have to wait to see what the next step is in her lawsuit against Dr. Luke.
Working with Sevens Legal, APC
After you have discussed the specifics of your case, your Sevens Legal, APC, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal, APC, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.
Sevens Legal, APC, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal, APC, criminal defense lawyers, call (619) 430-2355. Contact Sevens Legal, APC, today for a free consultation.
Criminal Defense Attorneys
3555 4th Ave.
San Diego, CA 92103
Phone: (619) 297-2800