“Sony has made it possible for Kesha to record without any connection, involvement or interaction with Luke whatsoever, but Sony is not in a position to terminate the contractual relationship between Luke and Kesha,” Sony’s attorney, Scott A. Edelman, tells PEOPLE in a statement.
“Sony is doing everything it can to support the artist in these circumstances but is legally unable to terminate the contract to which it is not a party,” Edelman added.
When she was 18, Kesha signed a multi-record deal with Kemosabe Records, a Sony Music Entertainment label co-founded and run by Luke.
After releasing two successful LPs and an EP under the label, Kesha, in 2014, sued Luke, 42, alleging he drugged and raped her and emotionally and verbally abused her for a decade. Luke vehemently denied the accusations, countersuing for breach of contract and defamation. Then in 2015, Kesha amended her original complaint, adding Sony Music as a defendant alleging the company supported his behavior.
At a hearing last week, a New York Supreme Court judge denied Kesha’s request for a preliminary injunction that would allow her to record outside of her contracts; at the hearing; the judge cited affidavits from Sony and Luke saying they would allow Kesha to record without coming into contact with Luke.
After news of the judge’s dismissal broke, disheartened fans took to Twitter to support Kesha – and criticize Sony, to the point that the hashtag “#SonySupportsRape” was trending on the social media platform. (Sony’s attorney did not immediately respond to PEOPLE’s request for comment on the hashtag.)
In a Monday statement, Luke’s attorney Christine Lepera said, “The New York County Supreme Court on Friday found that Kesha is already ‘free’ to record and release music without working with Dr. Luke as a producer if she doesn t want to.”
But a source close to the situation tells PEOPLE, “There are issues beyond just whether she has to see him … They would still be contractually tied [through the label], so it’s not exactly an untethering of the two.”
Both Kesha and Luke have taken to social media since the injunction dismissal. On Monday, Luke again denied the abuse allegations, writing: “I didn’t rape Kesha and I have never had sex with her. Kesha and I were friends for many years and she was like my little sister.”
Then on Wednesday, Kesha posted a lengthy statement on Facebook, thanking the entertainers (like Taylor Swift, Kelly Clarkson and Lady Gaga) who have spoken out in support of her and explaining why she came forward with the lawsuit.
“This case has never been about a renegotiation of my record contract – it was never about getting a bigger, or a better deal. This is about being free from my abuser. I would be willing to work with Sony if they do the right thing and break all ties that bind me to my abuser. But at this point, this issue is bigger than just about me,” she wrote.
Earlier this week, PEOPLE obtained clips of edited video footage from a 2011 deposition showed Kesha saying, “Dr. Luke never made sexual advances at me.”
Kesha’s attorney Mark Geragos responded to the video, reissuing a statement to PEOPLE from 2014 when content from the deposition was unsealed, saying: “[Dr. Luke] threatened to destroy Kesha’s life and the lives of her family if she didn’t cover up his sexual assaults in a 2011 deposition.”
As fans and pop stars (most recently Adele) continue to support the singer and the viral #FreeKesha campaign, the New York Supreme Court judge reviews evidence and Sony and Luke’s requests for dismissal.