Kesha appeals Sony decision, likens current contract to 'slavery'

Kesha has appealed a ruling last month denying release from her contract with Sony Music's Kemosabe Records, likening her situation to "slavery" and refuting the judge's suggestion that the singer had not suffered irreparable harm.

Kemosabe is operated by Dr. Luke, whom Kesha has accused of rape and other forms of sexual, physical and emotional abuse over their decade-long working relationship. 

In her ruling, Manhattan Supreme Court Justice Shirley Kornreich said that Sony has made it possible for Kesha to work without the involvement of Dr. Luke. But in a weekend filing, Kesha's attorney Mark Geragos said that even if Dr. Luke is not directly involved, having Kesha work under a label owned by the producer is akin to "slavery." 

"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," according to the appeals documents.

Her lawyers are also contesting Kornreich's ruling that Kesha had not experienced irreparable harm. 

"In support of her Motion for a Preliminary Injunction, Kesha submitted affidavits by individuals with over 100 years of collective personal experience in the music industry, each of whom attested to the fact that a young pop star’s fame will fade quickly, and permanently, due to a loss of momentum," her lawyers said. "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."

At the time of the ruling, Kornreich said, “You’re asking the court to decimate a contract that was heavily negotiated and typical for the industry. My instinct is to do the commercially reasonable thing." 

But Kesha's attorneys are arguing that releasing Kesha from her Kemosabe contract could still be "commercially reasonable," saying "the court did not explain, nor could it, why any potential harm to SME could not adequately be compensated by money damages if it were to prevail in the litigation."

In a statement to Mashable on Monday, a representative for Dr. Luke emphasized that Kesha is free to record without the producer's involvement and continued to call her accusations of abuse "outrageous."

“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."

Lawyers for Sony Music did not respond to Mashable's request for comment. 

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