INDEX NO.

653118/2014

FILED: NEW YORK COUNTY CLERK 12/22/2014 05:50 PM

NYSCEF DOC. NO. 39

RECEIVED NYSCEF: 12/23/2014

SUPREME COURT FOR THE STATE OF NEW YORK

COUNTY OF NEW YORK
LUKASZ GOTTWALD p/k/a DR. LUKE, KASZ
MONEY, INC., and PRESCRIPTION SONGS, LLC,

: Index No. 653118/2014

Plaintiffs,
: FIRST AMENDED
: COMPLAINT

-against-

KESHA ROSE SEBERT p/k/a KESHA, PEBE SEBERT, : Jury Trial Demanded
VECTOR MANAGEMENT, LLC, and JACK ROVNER, :
Defendants.

Plaintiffs Lukasz Gottwald p/k/a Dr. Luke ("Gottwald"), Kasz Money, Inc. ("KMI") and
Prescription Songs, LLC ("Prescription Songs") (collectively, "Plaintiffs"), by and through their
undersigned attorneys, as and for their First Amended Complaint against Defendants Kesha Rose
Sebert p/k/a Kesha ("Kesha"), Pebe Sebert ("Pebe"), Vector Management, LLC ("Vector"), and
Jack Rovner ("Rovner") (collectively, "Defendants"), allege, with personal knowledge of their
own actions, and upon information and belief as to the actions of others, as follows:
PRELIMINARY STATEMENT
Kesha is a recording artist and songwriter. Gottwald is a Grammy-nominated
songwriter and producer of smash hit musical recordings. KMI and Prescription Songs are,
respectively, a production company and a publishing company which.are both owned by
Gottwald.
2.

Kesha, her mother Pebe, and her managers Vector and Rovner are unhappy with

contracts Kesha entered into with Plaintiffs, and will stop at nothing to get her out of them. In
violation of her contractual agreements with Plaintiffs, Kesha has, at the urging of her mother
and her managers, refused to comply with her ongoing obligations to deliver sound recordings

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and compositions to Plaintiffs, to allow Gottwald to produce her work, or to account for or pay
substantial royalties to KMI. To pressure Gottwald to acquiesce to the termination of these
agreements, Kesha and her representatives have embarked on a highly public extortion and
smear campaign against him.
3.

Notably, this is not the first time that Kesha shamelessly elevated a garden variety

contract disagreement to an entirely new level by raising disgusting, fictitious allegations with
the intent of smearing Gottwald if she did not get her way. In late 2005, Kesha repudiated her
obligations under her recording agreement with KMI. Shortly thereafter, her representatives
began threatening Gottwald that if he did not agree to terminate that contract, false allegations of
abuse of Kesha would be held over his head and made public. Because Gottwald refused to
accede to these threats, Kesha eventually acknowledged that these accusations were false, reaffirmed her obligations under her contract with Kasz Money, and entered into a new publishing
agreement with Prescription Songs dated November 26, 2008 that with the significant efforts of
Gottwald resulted in Kesha's emergence as an international recording star.
4.

Thereafter, in 2011 both Kesha and her mother were deposed in a lawsuit

commenced against Kesha in New York by one of her former representatives. When questioned
about the circumstances of Kesha's prior contractual repudiation, and while represented by one
of the nation's premiere law firms, both Kesha and her mother testified unequivocally, at
separate times and places and under penalty of perjury, that Gottwald had never engaged in any
abuse of Kesha. Indeed, Kesha testified: "Dr. Luke never made sexual advances at me."
5.

For years following Kesha's reunion with Gottwald and breakout success, Kesha

and her mother expressed profound gratitude and admiration for all that Gottwald has done for
their careers and their family. For example, in emails to Gottwald, Pebe stated: "Thank you

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Lukell. You have changed our lives forever. I love you II"

and "I know you are going to be a

great dad." Similarly, Kesha sent Gottwald a birthday card stating: "Thank you 4 helping me
make my WILDEST dreams come truer
6.

However, over time, Kesha's relationship with Gottwald began to sour due to the

wrongful and malicious interference of Pebe and Rovner the first wanting more money, and the
second wanting additional control over Kesha's career, as well as more money. Pebe and
Rovner, both of whom have longstanding antipathy toward Gottwald, told Kesha that she could
have greater artistic and financial success with another record label and publishing company, and
convinced her to repudiate her contractual obligations to Plaintiffs.
7.

Because Gottwald refused (and refuses) to walk away from his contractual rights,

Kesha and Pebe have spread to the public false, disgusting and highly damaging statements
about him to numerous third parties which constitute defamation per se. Among other things,
they have revived the utterly baseless claim which Kesha and Pebe previously acknowledged
under oath to be false that Gottwald purportedly committed abuse of Kesha nearly a decade
ago.
8.

Defendants' malicious conduct should not be countenanced. Gottwald has upheld

his end of the bargain, devoting the better part of a decade to transforming Kesha from an
unknown entity into a well-known recording star. Kesha's repudiation of her contractual
relationships with Plaintiffs, and her and her mother's ongoing campaign to extort a release by
tarnishing Gottwald's reputation, has caused tremendous damage as set forth herein.
PARTIES
9.

Gottwald is a California resident.

10.

KMI is incorporated in the State of New York.

11.

Prescription Songs is a California limited liability company.

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12.

Kesha is a California resident who is a singer-songwriter doing business in New

13.

Kesha's mother, Pebe, is a Tennessee resident who is also a songwriter. Pebe is

York.

also known as Rosemary Sebert. Pebe's music publisher is based in New York, and during
relevant time periods, Pebe has used a music attorney headquartered in New York.
14.

Vector is incorporated in Delaware. Vector is authorized to do business in, and

maintains an office in, New York.

15.

Rovner is the President of Vector, is based in New York, is domiciled in New

York, and does business in New York.

JURISDICTION AND VENUE

16.

This Court has personal jurisdiction over Kesha, Vector and Rovner pursuant to

New York Civil Practice Law and Rules 301.

17.

This Court has personal jurisdiction over all Defendants pursuant to New York

Civil Practice Law and Rules 301 and 302 because they are transacting business in the State
of New York, have engaged in acts in violation of Plaintiffs' rights in the State of New York,
and/or have been and are causing injury to Plaintiffs in the State of New York.
18.

The Court also has personal jurisdiction over Kesha because she consented to

same in the "KMI Agreement" and the "Prescription Publishing Agreement," both of which are
defined below.
19.

This Court also has personal jurisdiction over Pebe pursuant to the "Split

Agreement," defined below.

20.

Venue is proper in the County of New York pursuant to the KMI Agreement, the

Prescription Publishing Agreement, and the Split Agreement, all of which provide for sole
jurisdiction in New York for any controversies regarding those agreements.
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21.

Venue is also proper in the County of New York pursuant to New York Civil

Practice Law and Rules 503.

STATEMENT OF FACTS
A.

Gottwald Discovers Kesha and Signs Her to an Exclusive Recording Deal

22.

Gottwald who is professionally known as "Dr. Luke" is a Grammy-nominated

songwriter and producer of smash hit musical recordings by artists including Katy Perry, Britney
Spears, and Kelly Clarkson, among others. Gottwald has written the most Number One songs of
any songwriter ever. He was named by Billboard as one of the top ten producers of the decade in
2009 and the Producer and Songwriter of the Year for 2010, and was the 2010 ASCAP
Songwriter of the Year. Gottwald is also the principal and owner of KMI, a company which
furnishes the services of certain individuals in the entertainment industry.
23.

In or about 2005, Gottwald discovered an unknown and unsigned musical artist

named Kesha Rose Sebert when he listened to her "demo" tape. Recognizing her potential,
Gottwald called Kesha at her home in Nashville, Tennessee and expressed interest in working
with her. Kesha, in turn, was excited to be provided with an opportunity to work with Gottwald
and record his songs. Thus, the parties' working relationship began.
24.

In order to further their working relationship, Kesha entered into an exclusive

recording agreement with Gottwald's company KMI, effective as of September 26, 2005 (the
"KMI Agreement"). Kesha hired a sophisticated and experienced entertainment lawyer to
negotiate the KMI Agreement on her behalf.
25.

Under the terms of the KMI Agreement, Kesha agreed, among other things, that:

(a) she would provide her exclusive recording services to KMI for a specified term, which at
KMI's election could be extended through the release of Kesha's sixth album (which was later
modified to her fifth album); (b) Gottwald would be engaged to provide production services for
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at least six recordings on each Kesha album; and (c) Gottwald would be provided with a
specified percentage of the sales of each such recording he produced. Gottwald is an expressly
intended third-party beneficiary of the KMI Agreement.
26.

The KMI Agreement expressly requires that any disputes regarding the agreement

be litigated in the courts of New York and not elsewhere. Specifically, Section 10(f) provides
as follows:
THE NEW YORK COURTS (STATE AND FEDERAL), SHALL
HAVE SOLE JURISDICTION OF ANY CONTROVERSIES
REGARDING THIS AGREEMENT; ANY ACTION OR OTHER
PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY
SHALL BE BROUGHT IN THOSE COURTS IN NEW YORK
COUNTY AND NOT ELSEWHERE. THE PARTIES WAIVE
ANY AND ALL OBJECTIONS TO VENUE IN THOSE
COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF
THOSE COURTS.
B.

Dissatisfied With the Progress of Her Career, Kesha Makes Her First
Attempt to Terminate the KMI Agreement by Making Extortionate
Threats to Disclose False Allegations of Improper Conduct by Gottwald

27.

Shortly following the entry of the KMI Agreement, Kesha began to express

frustration that her recording career was not progressing as quickly as she had expected it would.
Kesha had no experience in the music business and did not understand that the process of
developing an artist does not occur overnight, but rather requires time, patience and hard work.
28.

Thus, in late 2005, Kesha retained representatives who repudiated the ICMI

Agreement on her behalf. At Kesha's behest, these representatives pressed a false and fictitious
story on her behalf that Gottwald had purportedly engaged in drug-related and other abuse of
her.' In their communications with Gottwald and his team, Kesha's representatives made clear

While Kesha's promulgation of this fictitious story is shocking, she has a long history of
making false statements and engaging in hurtful behavior. For example, at the inception of her
career, Kesha attempted to gain notoriety by repeatedly making false public claims that her
father was the singer of a world-famous British rock and roll band, and refusing to acknowledge
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that they would make this fictitious story public if Gottwald did not agree to terminate the KMI
Agreement. However, Gottwald simply refused to accede to extortion and would not
compromise his clear contractual rights.
C.

Kesha Abandons Her First Extortion Campaign, Reaffirms the

K.11/11 Agreement, and Signs the Prescription Publishing Agreement

29.

By 2008, Kesha had become deeply frustrated by her stalled career. No record

company would or could sign her to a deal because she was already signed to KMI. At that time,
Kesha disavowed her repudiation of the KMI Agreement, and reaffirmed that the agreement is
valid and binding. Kesha and KM' executed amendments to the ICMI Agreement in 2008 and
2009, continuing their working relationship.
30.. In 2009, KMI also negotiated and executed an agreement with the RCA/JIVE
record label to release and promote Kesha's recordings. Sebert simultaneously executed an
Assent, Guaranty, and Entertainment Rights Agreement (the "Assent") whereby, inter alia,
Sebert assented to the execution of the RCA/Jive recording agreement, and agreed to be bound
by all grants and restrictions contained in that agreement.
31.

On November 26, 2008, Kesha entered into a separate Co-Publishing and

Exclusive Administration Agreement with Prescription Songs, Gottwald's publishing company

(the "Prescription Publishing Agreement"). Again, this contract was negotiated on behalf of
Kesha by an experienced and sophisticated entertainment lawyer.

her actual father. Similarly, following a horrific school shooting, Kesha falsely told the public
that she did not write, and was forced by Gottwald to sing, the lyrics of the song "Die Young,"
even though she had already proudly, and truthfully, taken credit for those lyrics. In another
notorious incident, Kesha intentionally locked her mother out of her hotel room in Las Vegas,
without money or shoes. Pebe was forced to wander the hotel's casino floor, begging for
assistance.
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32.

The Prescription Publishing Agreement states in Paragraph 21(b) that: "The

prevailing party in any legal action (after all appeals have been taken or the time for taking such
appeals has expired) brought by one party against the other and arising out of this agreement
shall be entitled, in addition to any other rights and remedies available to it at law or in equity, to
reimbursement for its costs and expenses (including court costs and reasonable fees for attorneys
and expert witnesses) incurred with respect to bringing and maintaining any such action."
33.

Like the ICMI Agreement, the Prescription Publishing Agreement includes a

provision requiring that any disputes regarding the agreement be litigated in the courts of New
York and not elsewhere. Specifically, Section 21(a) provides:
The state courts of the State of New York, County of New York
and/or the Federal District Courts for the Southern District of New
York, shall have jurisdiction and venue of any controversies
regarding this agreement. Any action or other proceeding which
involves such a controversy will be brought in the enumerated
courts, and not elsewhere. In addition to accepting such
jurisdiction, each party hereby waives any objection based upon
forum non conveniens or any similar ground.
34.

Kesha was represented by a sophisticated and experienced entertainment lawyer

in connection with the negotiation of the 2008 and 2009 amendments to the ICMI Agreement, the
Assent and the Prescription Publishing Agreement.

D.

Thanks to Plaintiffs, Kesha Enjoys Enormous Success, and Kesha

and Pebe Repeatedly Express Their Gratitude to Gottwald for Same

35.

Gottwald and KMI produced and promoted Kesha's debut album for KMI entitled

Animal and follow-up EP for KMI entitled Cannibal, both of which were released in 2010. Both
of these works feature extensive songwriting and production contributions from Gottwald along
with the team he assembled and oversaw, have sold millions of copies worldwide, and have
spawned numerous Number 1 singles, including "Tik Tok" and "We R Who We R." Gottwald put

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substantial energy into taking Kesha a previously unknown singer and transforming her into
the well-known artist that she now is.
36.

In addition to making Kesha a star, Gottwald also provided Pebe with valuable

songwriting opportunities. Indeed, in 2009, Gottwald provided Pebe with her first major
songwriting opportunity in decades (a co-write for a famous third-party artist), knowing that
doing so would allow Pebe to obtain a publishing deal. Pebe expressly acknowledged this to
Gottwald, writing: "Thank you for keeping me on this song and changing my life."
37.

This was far from the only favor which Gottwald graciously provided to Kesha's

family. Pebe would regularly ask Gottwald to provide favors that would advance the
entertainment-industry careers of herself and her other children; Gottwald often obliged. Kesha
and Pebe both repeatedly expressed their gratitude and admiration for all that Gottwald had done
for their careers and families.
38.

For example, in a September 26, 2009 email to Gottwald, Pebe wrote: "You are

part of our family, and I hope you know, as much as you have been there for Kesha and me,
that we will always be there for you, as family, and friends,i f you need anything."

And, in a

June 4, 2010 email to Gottwald, Pebe stated: "Thank you Luke!" You have changed our lives
forever. hove you I! Pebe". Similarly, in a July 16, 2011 email to Gottwald, Pebe wrote: "I
know you are going to be a great dad." See Exs. A, B and C hereto.
39.

Moreover, Kesha sent Gottwald a birthday card, with a handwritten note stating

the following:
To the foxxy-est producer EVER!
Ur just getting better with time!
Thank you 4 helping me make my WILDEST dreams come true!
I love you!
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See Ex. D hereto.

40.

Kesha also rightly praised Gottwald in her 2012 autobiography My Crazy

Beautiful Life, writing, among other things: "I had so many great songs that I had already done
by myself, but Luke brought something new and fresh to my sound, and he encouraged me to be
bold"; and "Luke is like a good coach. He is always pushing me and challenging me to get
better."
E.

Kesha and Pebe Truthfully Testify in 2011 That

Gottwald Never Made Any Sexual Advance at Kesha

41.

On or about May 25, 2010, Kesha's former manager DAS Communications Ltd.

("DAS") commenced a litigation against Kesha and Gottwald. In its Complaint, DAS alleged
that Kesha purportedly breached her management agreement with plaintiff dated January 27,
2006, and that Gottwald had allegedly tortiously interfered with that contract. Gottwald filed an
Answer in which he denied those allegations, and asserted counterclaims against DAS for
inducing Kesha to breach the KMI Agreement by repudiating it. The action was resolved
amicably, and a Stipulation of Discontinuance was entered on November 21, 2012,
42.

Prior to the resolution of the action, both Kesha and her mother were deposed. At

their respective depositions, Kesha and Pebe were represented by a prominent national law firm.
Moreover, Rovner personally attended Kesha's deposition. Gottwald was not present at either
deposition. During the depositions, DAS's counsel asked each of these witnesses whether the
accusations of purported abuse by Gottwald against Kesha were true. Both witnesses testified
that they were false.
43.

Specifically, Kesha testified that she never had an intimate relationship with

Gottwald, that he had never given her a "date rape drug," and that he had never made a sexual
advance toward her let alone raped her.

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Q. Dr. Luke never gave you coke or drugs?

A. Dr. Luke never gave me coke.
Q. Did he give you drugs?
A. What kind of drugs?
Q. Any kinds of drugs that are not purchasable at the pharmacy.
[Kesha's attorney]: If you know.
A: I don't know.

[Q]: Do you know what a roofie is?

A. Yes.
Q. What is that?
A. It's a drug.
Q. Which does what?
A. It's like a date rape drug.

Q. Did Dr. Luke ever give you a mak?

A. No.

Q. Okay, when did you ever have an intimate relationship

with Gottwald?

[Gottwald's counsel]: Objection as to form.

A. No.

Q. Were you ever with Gottwald at a time when you thought he

was high?
[Gottwald's counsel]: Objection to form.
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A. He may or may not do drugs.

Q. You don't know if he does drugs?
A. I don't know if he does drugs.

Q. Did you ever sleep with Mr. Gottwald in the same bed?
A. Yes.
Q. And you didn't have an intimate relationship while you
were sleeping with him in the same bed?
A. No.

Q. Did your mother complain [to DAS] about Dr. Luke having
made sexual advances to you?

A. I don't know what my mother told to [DAS]. I know that I've

Dr. Luke never made sexual advances at me, so

See Ex. E hereto (emphasis added).

44.

Pebe similarly testified neither her daughter nor anyone else ever told her that

Gottwald had given Kesha a date rape drug and that she did not believe that Gottwald and Sebert
had a sexual relationship:
Q. ... Before that first meeting with with [DAS], had anyone
told you that Gottwald had slipped Kesha a date rape drug?
A. No.
Q. Did anyone ever tell you that at any time?
A. No.

Q. Are you aware of whether he had had any kind of sexual

relationship with your daughter prior to the time you met with
DAS at the Chateau Marmont?
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A. I don't believe there was, no.

See Ex. F hereto (emphasis added).

F.

Kesha Has Repudiated and Otherwise

Breached Her Contracts with Plaintiffs

45.

Despite the fact that the parties have had a tremendously successful business

relationship, Kesha has now repudiated, and otherwise breached, the KMI Agreement and the
Prescription Publishing Agreement. As set forth in Section G below, these breaches are the
direct result of the wrongful conduct of Pebe, Rovner and Vector, in convincing Kesha that she
should disclaim her obligations to Plaintiffs, and would have greater financial and artistic success
after doing so.

46.

Kesha's Breaches of the KMI Agreement. In addition to her outright repudiation

of the KMI Agreement, Kesha has breached at least three material terms thereof.

First, as

modified by subsequent amendment, Section Two of the KMI Agreement requires Kesha to
deliver five albums of her musical recordings to KMI. In breach of the agreement, Kesha has
stopped delivering, and refuses to deliver, her recordings to KMI, even though she only
previously delivered two albums to KMI.
47.

Second, pursuant to Section Six of the KMI Agreement, Gottwald is entitled to

produce no few than six (6) recordings on each of her albums. In breach of the agreement,
Kesha now refuses to allow Gottwald to produce any recordings.
48.

Third, pursuant to an amendment to the KMI Agreement dated May 18, 2009,

Kesha is required, on a regular basis, to account to and pay KMI specified percentages of her
revenues from merchandising, touring and other enumerated ancillary income streams on a
periodic basis, and to "meaningfully consult" with KMI regarding all opportunities for such
ancillary income. Kesha has breached the terms of this amendment by failing to account for or

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pay large amounts of ancillary income to which KMI is contractually entitled. Specifically,
Kesha has not paid a substantial sum of ancillary royalties for which she previously accounted.
There are also large amounts of ancillary royalties due and owing for which Kesha has never
accounted

let alone paid. Indeed, Kesha has not paid KMI any ancillary royalties whatsoever

since June 2012. The sums which Kesha has failed to account for and/or pay, and now owes,
under this amendment likely total, at minimum, several hundred thousand dollars. Kesha has
also breached this amendment by failing to consult at all with KMI let alone meaningfully
consult regarding her touring opportunities, merchandising opportunities, and other
opportunities to earn ancillary income.

49.

Kesha's Breach of the Prescription Publishing Agreement. In addition to her

outright repudiation of the Prescription Publishing Agreement, Kesha has breached the duty of
good faith and fair dealing inherent in that agreement. The Prescription Publishing Agreement
provides for a term of three consecutive contractual periods: an "Initial Period," a "First Option
Period" and a "Second Option" period. During each contractual period, Kesha is required to
deliver to Prescription Songs a specified number of compositions written by her (the "Minimum
Delivery Commitment"). Although there is no explicit deadline in the Prescription Publishing
Agreement to fulfill the Minimum Delivery Commitment, the duty of good faith and fair dealing
requires Kesha to fulfill it within a commercially reasonable period of time. Kesha has breached
the duty of good faith and fair dealing by failing to deliver any compositions to Prescription
Songs within a commercially reasonable period of time.
G.

Pebe, Vector and Rovner Have Induced Kesha's Contractual Breaches

50.

Pebe, Vector and Rovner successfully convinced Kesha to repudiate her contracts

with Plaintiffs. In pressing for Kesha to breach her contracts, Pebe, Vector and Rovner were
motivated by malice and their own selfish interests. Certainly, it was not in Kesha's best interest
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to do so given that each and every one of her hit songs was co-written and produced by
Gottwald. Further, it was tremendously risky and, indeed illogical for Kesha to repudiate her
contracts with Plaintiffs, given that without Plaintiffs' agreement to terminate them, Kesha
cannot sign with another record label or publisher and thus cannot legally release music for any
third party. An additional negative consequence for Kesha of her improper repudiation is that
she is contractually liable to Prescription Songs for the attorneys' fees and costs it incurs in
connection with seeking judicial relief to remedy her breaches.
51.

Pebe's Malice and Otherwise Improper Motivations. Pebe a frustrated

songwriter who had a smattering of success decades ago has grown jealous of Gottwald's
talent and accomplishments, and resentful of the fact that she has no commercially meaningful
songwriting opportunities outside of those which Plaintiffs graciously provided her. Pebe has
also grown resentful of the fact that only one of the numerous songs which she has co-written
with Kesha (the "Pebe Co-Authored Compositions") was selected to be a single. Pebe also has
malice toward Gottwald based upon her (incorrect) belief that in negotiations with Plaintiffs over
the allocation of publishing revenue for Pebe Co-Authored Compositions, Pebe has ended upon
with a smaller share of the revenue that that to which she believes she is entitled. Pebe further
believes that if Kesha were able to obtain a new recording agreement with a third party then: (a)
Pebe would have more control over the songwriting process; and (b) more songs Pebe co-writes
would be selected as singles, and Pebe would receive the financial remuneration and public
acclaim attendant with same.
52.

Vector's Malice and Otherwise Improper Motivations. Over the years Rovner

developed unmitigated animus toward Gottwald. This is due to the fact that in numerous
conferences regarding Kesha's career which were attended by Gottwald, Rovner and third

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parties, Rovner made suggestions regarding creative and business matters which Gottwald
rejected. Rovner, who is the former head of a record label and is used to being treated as "the
boss," was enraged by these perceived slights by Gottwald. The fact that third parties witnessed
them made Rovner even angrier. This was far more than Rovner's ego could take; accordingly,
Rovner now hates Gottwald. For years, he has refused to meet with or even speak to Gottwald,
despite the fact that the major record label which distributes KMI's recordings repeatedly
requested him to do so. By refusing to speak to Gottwald the principal of Kesha's record label
Rovner failed to fulfill his essential role and most basic duties as Kesha's manager. Rovner's
malice toward Gottwald was also readily apparent during the making of Kesha's second album
Animal, when he instructed Kesha to refuse to show up for scheduled recording sessions with
Gottwald, thereby costing KMI and Gottwald substantial amounts of money and wasting the time
of Gottwald and many other writers and personnel. Rovner had no legitimate reason or
justification to so instruct Kesha, and instead simply wanted to harm Gottwald.
53.

Vector and Rovner also had an additional improper motivation in pushing Kesha

to repudiate her contractual obligations to Plaintiffs. If Kesha had been able to successfully
repudiate her contracts with Plaintiffs, she would be able to sign new recording and publishing
deals with third parties that likely would have included large cash advances to Kesha. 2 The
management commissions that Vector and Rovner would have been entitled to take from such
advances are far larger than the commissions to which Vector and Rovner would have been
entitled to take from KMI's and Prescription Songs' ongoing royalty payments to Kesha had she
2

A new record deal for a superstar artist for whom the label does not need to put in the hard
work of developing and creating a fan base is inevitably more favorable than a deal signed by
an unknown, who is an inherent risky proposition for a label, and for whom the label has to put
in the "sweat equity" of developing and promoting. Thus, by pressing Kesha to repudiate her
contracts, Vector and Rovner were seeking to deprive Plaintiffs of the benefits of their foresight
and years of successful hard work.
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not breached her agreements with Plaintiffs. Given that the potential financial upside of a
repudiation by Kesha was so great, Vector and Rovner simply did not care that about the serious
harm which a repudiation would cause to Kesha's career if Gottwald did not accept it.
54.

Rovner's irrational hatred and malice towards Plaintiffs is further fueled by their

association with companies with which Rovner previously had very bad professional and
personal experiences and now utterly resents RCA Records and Sony Music Entertainment
("SME"). (Kesha's records have all been marketed and released by RCA Records, which is
wholly owned by SME.) Rovner's resentment against these companies stems from his years of
employment at first Columbia Records and then RCA Records, which are both record labels that
are currently part of the SME corporate family.
55.

At an earlier point in his career, Rovner was an executive at Columbia Records.

During his tenure there, a senior executive who later became Rovner's boss and the head of
SME betrayed Rovner regarding a deeply personal matter. Rovner found working for the man
who had done such personal harm to him to be a humiliating experience and caused him to be
highly resentful. At some point thereafter, Rovner also served as the President of RCA Records,
but according to public reports, he was ousted unceremoniously. This added to his longstanding
grudge against SME and companies that have become affiliated with SME.
H.

Kesha and Pebe Engage in a Campaign of Defamation and Extortion to

Pressure Plaintiffs to Accept the Termination of Their Agreements

56.

Kesha and Pebe have orchestrated a campaign of publishing false and shocking

accusations against Gottwald to extort Plaintiffs into: (a) letting Kesha out of the KMI
Agreement and the Prescription Publishing Agreement; and (b) according Pebe a greater income
share in the Pebe Co-Authored Compositions than that to which she is currently contractually

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entitled. 3 Pebe and Kesha have discussed and thus published these accusations about
Gottwald to one another. Kesha is the source of these accusations that Pebe has more broadly
disseminated to third parties. These accusations are false, were published with malice, and
constitute defamation per se.
57.

The Defamatory Pebe Emails. The defamation and extortion campaign began on

October 29, 2013, when Pebe emailed Gottwald's longtime entertainment lawyer, stating the
following:
Tomorrow I am going to start making public how Dr. Luke
blackmailed me into giving him and Circuit publishing credit, on
all songs I wrote on [the Kesha album entitled] [W]arrior, with
Kesha and other writers and producers ....
Luke date raped Kesha when she was 18. Nicky Hilton's birthday?
Paris Hiltons house? Luke gave Kesha pills?
She ended up naked in his hotel room 2 days later, no longer a
virgin?
Do we want all this to come out?
[E]ither ... Luke releases Kesha from all legal contracts, and gives
me back all my publishing, or we, Kesha and I tell the truth ....
These accusations against Gottwald are all false as Kesha and Pebe themselves both know and
have stated under oath.
58.

The next day, October 30, 2013, Pebe sent a follow-up email to Gottwald's

entertainment lawyer, stating: "ps I am sending all of this to the blogger who has started the
The percentage of income for which Pebe previously agreed for numerous of the Pebe CoAuthored Compositions is set forth in an agreement between Kesha and Pebe entitled Writer
Split Agreement and Musical Composition License (the "Split Agreement") dated December 1,
2009. KMI is a third party beneficiary of this agreement. Paragraph 8 of the Split Agreement
states that "The courts of New York, New York (state and federal) only will have jurisdiction of
any controversies regarding this agreement and the parties hereto consent to the jurisdiction of
said courts." The above-captioned litigation constitutes a controversy regarding the Split
Agreement, for which Pebe (as well as Kesha) has consented to jurisdiction.
3

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whole "Free Kesha" thing, sorry about the trail of truth you fucking criminals!" Again, Kesha
and Pebe knew this defamatory accusation against Gottwald and his representatives was false.

59.

The Defamatory Pebe Letter. On December 30 and 31, 2013, Pebe sent a letter via

email in which she claim claimed, among other things, that "Dr. Luke abused Kesha, both
physically and mentally." Again, as Kesha and Pebe are well aware, these accusations are false.
Pebe sent this letter to a substantial number of recipients, including individuals named Emily
Wright, Beka Tischker, Benny Blanco, Kool Kojak, Matt Squire, David Gamson, and Mike
Eisele.
60.

Despite the patent falsity of these accusations, Pebe has made clear that extortion

is the ultimate goal of this defamatory campaign. In communications with Gottwald and his
representatives, Pebe has threatened to further disseminate accusations of the type above unless
Gottwald lets Kesha out of her agreements with Plaintiffs, and provides Pebe with a larger
financial interest in the Pebe Co-Authored Compositions.
61.

Plaintiffs have been informed that Pebe also published some or all of the

aforementioned false accusations of fact to representatives of her music publisher Sony/ATV

Music Publishing.

62.

The Defamatory Kesha Letters. Thereafter, in January of 2014, Kesha sent

handwritten letters to her fans setting forth additional knowingly false factual assertions
regarding Gottwald. These false assertions included: "Yes, Dr. Luke has tortured me + my
family ... he did do what people know about + so much more terrible shit"; "I'm here working
out some emotional trauma + abuse, there is someone I work with that is so abusive"; and
"Someone I work with has literally driven me into this disease, tortured me, and flicked with me

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and my family ...." When Kesha sent these letters, she knew that they would be widely
disseminated on the Internet by her fans and thereafter published in the press.

63.

The Defamatory So-Called "Draft Complaint." Then, in the Summer of 2014,

attorneys representing Kesha held a meeting in New York City with the general counsel of a
major record label with which Gottwald does substantial business. At this meeting, Kesha's
attorneys showed the general counsel a purported "draft complaint" against Gottwald which
contained false and scurrilous accusations against Gottwald of, among other things, having raped
Kesha, given her drugs against her will, and engaged in other purported acts of physical, sexual
and emotional abuse of her. Kesha and her attorneys knew that all of the allegations of purported
misconduct by Gottwald in this so-called "draft complaint" were wholly false, and made these
accusations to the general counsel with malicious intent.
64.

In yet another blatant act of extortion, Kesha's attorneys informed the general

counsel that if Gottwald did not agree to let Kesha out of her recording agreement, they would
file the "draft complaint," thereby tarnishing Gottwald's reputation. Obviously cognizant of the
unlawful nature of this conduct, Kesha's attorneys refused to let the general counsel retain a copy
of the "draft complaint," and refused to allow Gottwald or his representatives to even look at it.
Gottwald still does not have a copy of this "draft complaint," and reserves the right to amend his
pleading to add additional allegations regarding its content after he receives a copy of same.
65.

Rovner personally attended the 2011 deposition of Kesha at which she explained

under oath that Dr. Luke had never made a sexual advance at her, let alone abused her. Thus,
Vector and Rovner are well aware that the baseless accusations of abuse set forth above are
utterly false. Nonetheless, Vector and Rovner have been more than happy to play a key role in
Kesha's and Pebe's repudiation scheme which is premised upon these meritless accusations.

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COUNT I
(Cause Of Action Against Kesha and Pebe For Defamation)

66.

Plaintiffs restate and incorporate by reference the allegations contained in

paragraphs 1 through 65 as if fully stated herein.

67.

The statements that Kesha and Pebe made concerning Plaintiffs, as detailed

above, are false.

68.

The false statements that Kesha and Pebe made concerning Plaintiffs were

published to various third parties.

69.

In making these false statements, Kesha and Pebe acted with wanton dishonesty

such that punitive damages are warranted. Kesha and Pebe have also acted with malice. No
privilege applies to the publication of these statements.
70.

The statements about Gottwald have injured, and were made with an intent to

injure, Plaintiffs' reputation, including Gottwald's reputation in his business as a music

producer/songwriter who works closely with a broad range of artists and writers. As a result,
Kesha's and Pebe's conduct rises to the level of defamationper se, and no proof of special harm
or damages is necessary.
71.

To the extent proof of special harm or damages is necessary, as a proximate cause

of Pebe and Kesha's defamatory statements, Plaintiffs have suffered special damages to their
reputations, and to existing and potential business relationships with other artists and record
labels in an amount to be proven at trial, plus interest.
COUNT II
(Cause Of Action Against Kesha For Breach Of The ICNII Agreement)

72.

Plaintiffs restate and incorporate by reference the allegations continued in

paragraphs 1 through 71 as if fully stated herein.

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73.

The KMI Agreement and its subsequent 2008 and 2009 amendments are a valid

contract between Kesha, on the one hand, and KMI and Gottwald, on the other hand. Gottwald
is expressly intended as a third party beneficiary of the KMI Agreement.
74.

KMI and Gottwald have fully performed their obligations under the KMI

Agreement.
75.

Kesha has repudiated the KMI Agreement. In violation of the terms of the KMI

Agreement, Kesha has refused to comply with her ongoing obligations to deliver sound
recordings to Gottwald, or to allow Gottwald to produce her work. Kesha has also refused to
account for or pay KMI ancillary revenues which she owes under that agreement.
76.

Because of Kesha's breach of contract, Gottwald and KMI are entitled to

compensatory damages (including expectation damages and consequential damages) in an

amount to be proven at trial, plus interest.

COUNT III
(Cause Of Action Against Kesha For Breach Of The Prescription Publishing Agreement)

77.

Plaintiffs restate and incorporate by reference the allegations continued in

paragraphs 1 through 76 as if fully stated herein.

78.

The Prescription Publishing Agreement is a valid contract between Kesha, on the

one hand, and Prescription Songs, on the other hand.

79.

Prescription Songs has fully performed its obligations under the Prescription

Publishing Agreement.
80.

Kesha has repudiated the Prescription Publishing Agreement. Kesha has

breached the duty of good faith and fair dealing inherent in the Prescription Publishing
Agreement by refusing and failing to fulfill her Minimum Delivery Commitment within a

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commercially reasonable period of time. Through these actions, and others, Kesha has breached
her contractual duty to render her services exclusively to KMI during the contractual term.
81.

Because of Kesha's breach of contract, Prescription Songs is entitled to

compensatory damages (including expectation damages and consequential damages) in an

amount to be proven at trial, plus interest.
82.

Pursuant to Paragraph 21(b) of the Prescription Publishing Agreement,

Prescription Songs is entitled to its costs and expenses (including court costs and reasonable fees
for attorneys and expert witnesses) incurred with respect to bringing and maintaining this action.
COUNT IV
(Cause Of Action Against Pebe, Vector, And Rovner For Tortious Interference
With The KMI Agreement And The Prescription Publishing Agreement)

83.

Plaintiffs restate and incorporate by reference the allegations contained in

paragraphs 1 through 82 above as if fully stated herein.

84.

The KMI Agreement and its subsequent 2008 and 2009 amendments are a valid

contract between Kesha, on the one hand, and KMI and Gottwald, on the other hand. Gottwald
is expressly intended as a third party beneficiary of the KMI Agreement.
85.

The Prescription Publishing Agreement is a valid contract between Kesha and

Prescription Songs.
86.

Pebe, Vector, and Rovner have knowledge of the KMI Agreement and the

Prescription Publishing Agreement.

87,

Pebe, Vector, and Rovner have each intentionally and maliciously interfered with

Plaintiffs' contractual relationships with Kesha. Each has advised and/or cajoled and induced
Kesha into repudiating the KMI Agreement and the Prescription Publishing Agreement and
otherwise refusing to perform under those agreement.

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88.

As a result of Pebe, Vector, and Rovner's interference with Plaintiffs' contractual

relationships with Kesha, Kesha has in fact repudiated the KMI Agreement and the Prescription
Publishing Agreement and has otherwise failed and refused to perform under those agreements.
But for this wrongful conduct, Kesha would not have breached the KMI Agreement and the
Prescription Publishing Agreement.
89.

As a proximate cause of Kesha's repudiation and breach of the KMI Agreement,

Plaintiffs have suffered damages in an amount to be proven at trial, plus interest.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray that the Court grant them relief as follows:
1.

On the first and fourth causes of action, direct, special, and/or punitive damages to

Gottwald in an amount to be determined at trial.

2.

On the second and third causes of action, compensatory damages in an amount to

be determined at trial.
3.

That the Court award Plaintiffs pre-judgment interest, attorneys' fees and costs,

and such other and further relief as this Court deems proper.

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DEMAND FOR JURY TRIAL

Plaintiffs demand trial by jury of all claims so triable.

DATED: New York, New York

December 22, 2014

MITCHELL SILBERBERG & KNUPP LLP

Christine Lepera
Jeffrey M. Movit
12 East 49th Street, 30th Floor
New York, New York 10017-1028
Telephone: (212) 509-3900
Facsimile: (212) 509-7239
Attorneys for Plaintiffs

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