Our Newest Staff writer, Micah Coons, breaksdown the controversial Kesha Legal Battle.
I’m sure you’ve all seen the articles about Kesha’s court case and I want to clear some things up:
1. Just to clarify this is a Civil suit, not a Criminal one.
2. This was not the final verdict, the trial won’t happen for many months. What happened on friday was the judge informed Kesha that even if she wins the case and proves she was abused and raped, that her contract can not be terminated with Sony.
3. That is not a sexist or “rape-culture-promoting” attack that is just a fact. There are only 5 ways a contract can be terminated: impossibility to fulfill the contract, breach of contract, i.e. not doing what was said in the contract (in Kesha’s case, not promoting her albums, not getting her a record deal, etc.) some kind of prior agreement, rescission or completion. The judge ruled that none of these things have occurred (because they haven’t) so there is no way or reason to terminate the contract.
4. This is a big one because the media is not correctly reporting this: Kesha is contractually obligated to work with Sony – not Dr. Luke. She can work with any producer so long as that producer works for Sony.
5. Sony can’t fire Dr. Luke because he also has a contract, and they have no idea if he is actually guilty or not yet.
6. Kesha’s lawyer is Mark Geragos, who defended Chris Brown. He is a very intelligent, albeit morally flexible man.
7. Kesha has an extremely high IQ.
8. Kesha is being held to six more albums with Sony.
9. There was no way out of the contract. They knew that. Yet they made it a major focus.
Do you see where this is going?
There are many ways this could turn out:
1. If Kesha wins the case, she defames her abuser and practically bankrupts him.
2. If she doesn’t win, She is still stuck with Sony; however, she will have the full support of pop culture behind her, so when she releases her next album, people will feel obligated to listen to it to support her. If Sony doesn’t promote it the way she wants, she will have massive political and social power to use against them.
3. Also, if she loses she has severely tarnished the reputation of her alleged abuser. So, if she is telling the truth and somehow loses, then she still will have caused him harm, time, and money.
So essentially, Kesha has positioned herself to win, in some way, almost anyway the case unfolds. Kesha is a very smart woman.