Kesha case shows fiscal gain trumps human pain
February 29, 2016
On most social media platforms last week, a photo circulated of pop star Kesha sobbing in a New York courtroom Feb. 19 after a judge ruled she would not be released from her contract with producer Lukasz “Dr. Luke” Gottwald, whose record label is owned by Sony Music.
This ruling comes after Kesha filed a separate civil lawsuit in October 2014, alleging that Gottwald drugged and sexually assaulted her as well as contributed to her eating disorder, according to a Feb. 20 Washington Post article.
The denial of an injunction, which has sparked a social media firestorm with hashtags such as #FreeKesha and #SonySupportsRape, was issued by New York Supreme Court Justice Shirley Kornreich, who said it is her “instinct to do the commercially responsible thing.”
The law for granting a contract injunction must prove three things: that the plaintiff will suffer irreparable harm, the defendant will not suffer significant harm and that the plaintiff is likely to win her lawsuit. Kesha might have been able to prove the first but she failed to prove the second and third requirements.
According to a Feb. 20 New York Daily News article, Judge Kornreich said it would cause “irreparable harm” to the label if Kesha did not abide by the contractual obligation of creating six more albums with Dr. Luke’s label. She was undoubtedly thinking of the precedent that would be set by voiding a carefully negotiated industry contract.
However, due to the public sentiment in Kesha’s favor, Sony is likely to incur even greater damage to its brand by forcing Kesha to continue a business relationship that is clearly destructive.
Furthermore, it has not escaped public awareness that bad behavior by male artists doesn’t seem to affect their business relationships. Chris Brown, who was arrested for domestic violence in 2009 after beating his then-girlfriend Rihanna and has had a slew of run-ins with the law since, is signed with RCA Records. RCA is also under the control of Sony Music and has produced four of Brown’s albums since 2012.
That an infamous male artist—not unlike Dr. Luke—continues to be supported by this company sends a scary message to all its artists and producers—they will root for you, just as long as you’re not a woman crying rape.
The judicial insensitivity of making a business decision in the face of someone’s pain is difficult to understand, especially when it seems our culture is trying to be more socially progressive when it comes to believing women accusing people of assault.
This case proves not only how behind the curve many businesses like the music industry really are when it comes to gender equality, but how the law desperately needs to see more than dollar signs.