Music Lawyer Says SONY Will Drop Luke

[DiscoHeaven23 35,007]

From Billboard, a very interesting look at the situation from music attorney's. The bad PR may push SONY over the edge.

Source: http://www.billboard.com/articles/news/6882950/kesha-celebrity-supporters-sony-settle-dr-luke-case-attorneys?utm_source=twitter

 

 

With a battle cry of #FreeKesha, A-list musicians and scores of fans are rallying behind pop star Kesha Rose Sebert after a New York judge Friday denied her request to get out of her contract with music producer Dr. Luke (Lukasz Gottwald), who she claims sexually abused her.

Music attorneys, however, are split on how much of an effect the social backlash will have on the outcome of the legal battle.

“Everything has a price tag,” attorney James Sammataro said. “There is probably a number in which Sony – particularly if it’s sensitive to the potential backlash of growing support for Kesha on social media – would strongly consider releasing Kesha.”

Kesha sued in 2014 seeking to be released from her contract with Dr. Luke’s Kemosabe Records, which is owned by Sony Music, claiming he had been physically and emotionally abusive to her during their 10-year working relationship. The producer fired back with a defamation claim, alleging the pop star was fabricating the allegations to get out of her contract.

Daniel Zucker, executive vice president of business & legal affairs at RCA Records, a division of Sony, told the court in December that competition within the music industry is intense and this case could lead to other labels poaching Sony’s artists.

“If Kesha is allowed to disregard her exclusivity obligations to Kemosabe Records without even alleging a breach of the RCA Recording Agreement…Sony’s credibility within the record industry will be irreparably injured,” Zucker wrote in an affidavit. “Allowing Kesha to rebuke her obligations to Kemosabe Records also sends a message to Sony’s other existing and potential artists that they may be able to disregard, at will, their contractual obligations.”

Sammataro, who isn’t involved in this lawsuit, said he understands Kesha still owes six albums under her contract and Sony is also likely weighing the “intangible impact of losing an A-list talent in her prime to a competitor, at a time in which public’s interest is probably at an all-time high.”

A Kesha fan launched a GoFundMe campaign Friday with the goal of raising $2 million so the artist could buy her way out of her contract. As of Monday afternoon, it has raised about $14,000.

“I can’t imagine a scenario where $2 million would ever quite cut it, unless there’s serious concern about the Twitterati backlash,” Sammataro said. “It may be enough of a social pressure to consider options they wouldn’t otherwise consider.”

Lady Gaga, Demi Lovato, Lorde and Ariana Grande have all tweeted their support for Kesha and Taylor Swift’s reps announced she is donating $250,000 to the cause.

“We’ve seen what the power of Taylor Swift can do in the music industry,” Sammataro said. “She has a massive fan base that she can mobilize.”

Attorney Dina LaPolt said this isn’t sitting well with other female artists signed to Sony, including her client Fifth Harmony.

“They’re appalled,” she said. “This is not a good situation.”

At this point, even if Dr. Luke were to win the legal battle, the damage to his career and reputation may be irreparable.

“He’s already been tried in the court of public opinion,” Sammataro said. “There’s going to be some reticence for people to work with him.”

Monday afternoon Dr. Luke turned to Twitter in an effort to turn some of that public opinion in his favor, posting he never had sex with Kesha and that he understands “why people without all the information are speaking out. I can appreciate their compassion.”

LaPolt said she thinks Dr. Luke and his lawyers will fight the allegations to the end.

“He will lose everything to clear his name,” LaPolt said. “Should he compromise? I think so, but he will go down with the ship.”

Music attorney Harvey Geller said the ongoing litigation doesn’t seem to be productive or helpful.

“I think they should have settled it privately long ago,” Geller said. “A public spectacle is not good for either side.”

Geller suggested one option would be Kesha could pay Sony, or her direct label, for any investment they made in her that wasn’t recouped by her revenue for the company.

“It’s clear from the press that the two side are not happy with each other,” Geller said. “It’s a bad relationship for both. It looks like both sides have already lost.”

Attorney Mark Passin said when he started practicing law more than 30 years ago it was much more common for artists to jump labels.

“You really don’t see that happening as much now,” he said. “In this situation, due to the nature of the allegations, hopefully they can work out an economic solution which will allow her to leave the label and continue with her career.”

Passin said with any potential buyout or settlement a studio has to weigh the costs and benefits.

“If they feel other well known artists won’t sign with them in the future, they’ll take that into consideration in the economic analysis,” Passin said, adding that these cases rarely go to trial and are usually settled after an injunction hearing, like the one held Friday in this case.

Passin said potential compromises could include Sony reducing the number of remaining albums Kesha owes in her contract in exchange for a payment upfront and/or a royalty on future albums with whatever record label she signs with.

Instead of scrapping the contract, Sammataro said Kesha and Sony need to figure out a way to work within the confines of the existing agreement that will allow her to make music for her fans in a safe and protected environment.

Not forcing Kesha to continue working with Dr. Luke is “clearly the right move from a PR perspective,” Sammataro said, but from a creative perspective there is a risk for Sony. “All they know is she’s been successful with Dr. Luke,” he said.

LaPolt said she expects Sony to do overdue damage control and cut ties with Dr. Luke.

“I wouldn’t be surprised if there’s an announcement in the next couple of weeks that Sony has separated itself from his label,” she said.

[Alcina Dimitrescu 1,156]

"“We’ve seen what the power of Taylor Swift can do in the music industry,” Sammataro said. “She has a massive fan base that she can mobilize."

 

 

[KURUSHITOVSKA 20,451]

Well, Sony separating from Kemosabe would be great. If the situation isn't good for both Kesha and Luke, why doesn't Luke just break the contract and fire her? I know he only wants her success and earned money. So if this situation makes Dr Luke sink, it would be his fault, not for only what he did to Kesha, but also for not just breaking the contract before this went too big. 

[StarstruckIllusion 52,895]

where's the TLDR? 

[Applause 650]

Good, let him be dropped. Bad PR is not good for Sony, so let the bad PR keep on coming. #FreeKesha

[Stephen 30,430]

WOW i hope this happens!

[DiscoHeaven23 35,007]

Just in:

love her 

[LoveandMagic 1,731]

Sounds smart to me. There are many talented producers out there, not just "recycled beats" Luke. And hopefully those producers will behave like damn professionals.

[2007 5,291]

"Lady Gaga, Demi Lovato, Lorde and Ariana Grande have all tweeted their support for Kesha and Taylor Swift’s reps announced she is donating $250,000 to the cause.
“We’ve seen what the power of Taylor Swift can do in the music industry, ” Sammataro said. “She has a massive fan base that she can mobilize.”" - Billboard

@ROARyals

Exactly what I said at your yesterdays thread 

[2007 5,291]

They can keep him, I hope they drop Kesha 

[Guest]

I was already wondering how long it would take until other labels would start poaching Sony's artists. Sony has to let her go and agree on some kind of deal with Kesha and her new label (probably Universal Music, if everything goes well) before their remaining artists start changing labels. 

I know that Ariana and Fifth Harmony voiced their support for Kesha, despite being signed to Sony. That is a great sign.

[malazam 15,710]

Keep it!

 

#FreeKesha

 

we are helping, spread this over twitter

[sipthistea 21,099]

Hope this is a reminder that the one in charge of the music should be the ARTIST, not the producers (Well, unless the artist is the same producer, but anyway).

This mess is going on mainly because of that. We don't really know if Dr Luke abused Kesha, but it's pretty obvious she has been under heavy control of her label, mainly by her producer. This is not fair for artists, this is not fair for fans, neither for people in general. 

Let's hope for an industry where the artists are the ones who decide what to do. 

[KURUSHITOVSKA 20,451]

If Kesha ever gets free from Sony , I'm pretty sure Gaga will do something in Interscope for them to hire her, like she did with Grayson Chance. And it would be a very good move because Interscope is one of the best companies and seem to give the artist good freedom to release their products (ARTPOP, Rebel Heart, E-MO-TION), and Universal is the biggest music company in the world. 

[IamChromatica 2,025]

Unlike kesha, Dr. Luke didn't go to the court. Instead, he tried to deny his actions via twitter, because he knows if the public saw him in person, they would see the truth straight through his face.