You’re probably aware of the ongoing legal battle between music star Kesha and Sony’s Lukasz Gottwald better known as Dr. Luke, but if not here’s the deal. Back in 2005, 18-year-old Kesha signed a six-album contract with Gottwald’s Kemosabe Records, a sector within the Sony Music Entertainment Company. It was under that contract that Kesha launched her career. She released top chart album Animal in 2010, which sold more than 150,000 copies in the first week while her song “TiK ToK” reached record breaking numbers of the day, with 610,000 digital downloads. It was not until 2014 that Kesha filed a lawsuit against her former producer and longtime mentor Dr. Luke, claiming that he “sexually, physically, verbally and emotionally abused” her over several years. The lawsuit reported that she was abused and left “broken, damaged and traumatized”, which included her unknowingly being given date rape drugs. The lawsuit also reported one incident in which Kesha “took the pills and woke up the following afternoon, naked in Dr Luke’s bed, sore and sick, with no memory of how she got there”. The main argument Kesha’s lawyers are making is that her career will be “irreparably damaged unless the court releases her from the contract so that she can record new music without Gottwald’s involvement”. Because there was a lack of evidence to prove Kesha’s assault claims, the judge ruled against freeing her from the Sony contract. The judge gave his reasoning behind the ruling saying, “You’re asking the court to decimate a contract that was heavily negotiated and typical for the industry.” This ruling has left Kesha fans, her fellow music stars and many supporters of the #freekesha movement enraged.
There is something appalling about the fact that the judge made a ruling in a sexual assault case because he declared the contract something “typical for the industry”. Yes the contract was typical but Kesha did not sign a dotted line to be sexually assaulted, and there is nothing typical about that.
This case has gained major publicity with support from several female music stars including Taylor Swift, Lord, Kelly Clarkson, and even Lady Gaga. Clarkson tweeted on Februrary 19th saying, “Trying 2 not say anything since I can’t say anything nice about a person… so this is me not talking about Dr. Luke.” Lena Dunham passionately spoke on behalf of Kesha and the court case ruling with a metaphor:
“Imagine someone really hurt you, physically and emotionally. Scared you and abused you, threatened your family. The judge says that you don’t have to see them again, BUT they still own your house. So they can decide when to turn the heat on and off, whether they’ll pay the telephone bill or fix the roof when it leaks. After everything you’ve been through, do you feel safe living in that house? Do you trust them to protect you?”
Lena used this metaphor to shed light on society’s current discussion of sexual assault and how she believes the court fails to protect women from their abusers.
This case illuminates an important issue especially with the judge’s ruling, which leaves Kesha vulnerably caught in the tainted hands of Sony and its producers. With so many women behind her, this case has heightened Kesha’s feminist disposition, and because of this she has since become an admirable feminist for her courageousness to fight. Kesha took her producer to court despite the alleged threats from Sony, which undoubtedly shows her bravery. Do dotted lines hold that much power in deciding a case when sexual assault is involved? The decision of the case rests in the verdict that something was “typical” of the industry. There is more than her career at stake. A dotted line now holds Kesha accountable to her offenders despite all they have put her through emotionally and physically.