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Kesha launches appeal against judge's decision in Dr Luke and Sony lawsuit as lawyers liken case to 'slavery'

The singer's request to be granted an injunction was denied by a New York judge in February

Olivia Blair
Tuesday 22 March 2016 13:18 GMT
Kesha leaves court last month
Kesha leaves court last month (Alberto E. Rodriguez/Getty Images)

Kesha has appealed a judge’s decision last month which denied her request for an injunction from her music contract with Sony and Dr Luke, who she claims sexually abused her.

Dr Luke, whose real name is Lukasz Gottwald, has denied claims that he drugged and raped the singer a decade ago and claims he has been subject to a “vicious, smear campaign to ruin his reputation for financial gain”.

A highly publicised court decision last month ruled the singer could not be freed from her contract with Kemosabe Records, which is owned by Sony, and must fulfil her contractual obligations to record music with the company. Judge Kornreich told Kesha’s legal team: “You’re asking the court to decimate a contract that was heavily negotiated and typical for the industry.”

She is now appealing this decision according to E! News who apparently obtained appeal documents. Lawyers for the 28-year-old reportedly likened the decision to "slavery" and challenged the judge’s decision that she could record at the company without Dr Luke interfering.

The appeal documents reportedly said: “First, the Court erred in basing its decision on its finding that Kesha could record without interference from Gottwald. Although it recognised that ‘slavery was done away with a long time ago’ and that ‘you 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. As the Court itself recognised, ‘it’s slavery. You can’t do that.’”

Lawyers also disputed the judge’s opinion that no “irreparable harm” had been done to Kesha’s music career through affidavits by “individuals with 100 years of collective personal experience in the music industry” who reportedly said “a young pop star’s fame will fade quickly, and permanently, due to a loss of momentum”.

Legal proceedings between Kesha and Gottwald date back to 2014 when she alleged he sexually abused her 10 years ago and that she was emotionally abused by him over a 10-year period which she claimed resulted in her developing an eating disorder. Gottwald vehemently denies the claims and has countersued Kesha for defamation.

Following Judge Kornreich’s ruling last month there was an outpouring of support for Kesha. A #FreeKesha hashtag begun to trend on social media and fellow high-profile entertainers including Lady Gaga, Adele and Demi Lovato all made public statements supporting the singer.

In a statement to the Independent in regards to the appeal, Gottwald’s representative said: “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.”

The Independent has contacted representatives for Kesha, Dr Luke and Sony.

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