Kesha is facing another major setback in her ongoing legal battle with Dr. Luke--perhaps her most significant to date.
The pop star recently amended her lawsuit against the producer, arguing for a third time that she should be released from her contract on the basis of unpaid royalties and Luke's alleged refusal to support or release Kesha's next album. In court on Tuesday, Judge Kornreich ruled against Kesha's amendments, reasoning that the singer didn't give appropriate notice (30 days) and didn't "perform under her recording agreement." Therefore she can't void her contract under the argument that Luke "breached the covenant of good faith and fair dealing" by allegedly abusing her.
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The judge said Kesha's claims are too "speculative," adding that Luke's label won't have any right to control her music after a third album, however the release of a third album has never been cemented.
"It is speculative, not justiciable, whether Sony's contract is ending and whether it will be able to assist after this month," the judge said. "Furthermore, KMI [Dr. Luke's company] may not choose to exercise its options for future albums after the third is released. Finally, with respect to the Prescription Agreement, signed in November 2008, Gottwald's allegedly abusive behavior was foreseeable."
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Finally, Kesha's attempt to use the California Labor Law that terminates all recording contracts after 7 years was shot down. "To protect young, newly discovered recording artists from this precise manner of exploitation in quasi-lifetime un-severable professional relationships, California labor law requires all music contracts to end within seven years of execution," said Kesha's proposed counterclaim.
But because Kesha's lawsuits have been tried in New York up until this point, the Judge said California's Seven Year Rule cannot be applied here.