10 Questions We Still Have About the Kesha Legal Drama

Last Friday, a New York judge denied Kesha – full name, Kesha Rose Sebert – her request for an injunction that would suspend her recording contract with Sony during an ongoing sexual abuse lawsuit she filed in October 2014 against the company and her producer Dr. Luke. In that lawsuit, the 28-year-old singer-songwriter accused the producer of drugging, raping and verbally and emotionally abusing her, among other allegations. Kesha and her lawyer Mark Geragos have argued that her career would be effectively over if she is unable to record without Sony and Dr. Luke’s involvement; judge Shirley Kornreich’s verdict was that “irreparable harm” would not be caused, and that – in a much-maligned quote – her “instinct is to do the commercially reasonable thing.”

Though this isn’t anywhere near the end of the lawsuit – this sort of injunction is difficult to obtain for anybody, the actual trials haven’t begun yet, and Kesha’s next scheduled court date isn’t until May 16th – Kornreich’s verdict is a significant defeat in a suit with few victories so far for Kesha. Though a defamation countersuit by Dr. Luke, whose real name is Lukasz Gottwald, was dismissed earlier this year, Luke filed a similar lawsuit in Tennessee that remains, and the Friday decision means that Kesha is still bound by her Kemosabe contract, a six-album deal with four albums left.

As the legal drama continues to unfold, here are some other questions we still have – about the performer’s career, the music industry and how the legal system treats them both.

What happens if Kesha is forced to remain with Sony?
Sony has said – a statement instrumental to Kornreich’s verdict – that they would be willing to let Kesha record with producers other than Dr. Luke. Like most producers of his stature, Dr. Luke has several proteges and surrogates (including Benny Blanco, Cirkut and Ammo) who could stand in for him, and an affidavit cited by Businessweek states that Kemosabe and Kasz Money Inc. would “mutually determine the producer of Kesha’s recordings,” leaving Gottwald indirectly involved at most.

Kesha’s other claim – that Sony would fail to promote a record not produced by Gottwald – is hard to verify in advance, and likely rests on what one believes about human nature, particularly when it bumps up against commercial concerns. There’s certainly a long history of artists accusing labels of such tactics.

Does Dr. Luke have a future with Sony?
Five years ago Dr. Luke signed a five-year contract with Sony, launching his imprint Kemosabe Records and mandating that Luke produce exclusively for Sony artists (although loopholes have allowed him to produce for others, such as Katy Perry). At the time, Sony Music CEO Doug Morris praised Gottwald as his “new Jimmy [Iovine],” a comparison he repeated for John Seabrook’s 2013 profile of the producer.

Obviously, the state of this union looks a lot different in 2016 than it did in 2011, and not just because of the lawsuit. Kemosabe, despite Luke’s efforts, has failed to be an Iovine-esque success. Billboard sources claim it’s burned through about $20 million and “has [Miley] Cyrus [via “Wrecking Ball,” etc.] to thank for being in the black.” Cyrus has not worked with Dr. Luke in some time (but she did express support for Kesha via Instagram by sharing a photo of Fiona Apple with a pro-Kesha sign). Otherwise, Kemosabe’s biggest artist by far is Kesha. Given the financial context, doubling down on Luke’s career would not only affect the singer’ s future but would make a definite statement.