Kei$ha played in Chicago this weekend. She must be quite the superstar!! Here are some excerpts from her photography contract:
“Notwithstanding anything to the contrary in this agreement, I understand and agree that Ke$ha shall have the right to approve the Photos to be exploited hereunder, and that absent Ke$ha’s written approval of a particular Photo I shall have no right to exploit such Photo hereunder.”
“Ke$ha shall have the non-exclusive right throughout the universe in perpetuity, at no cost, to use the Photos for promotional purposes by any means or media.”
“I agree that it would be extremely difficult to calculate the monetary damages which a breach by me of this agreement would cause Ke$ha. Accordingly, I agree that, in the event of a breach or threatened breach by me of any of the foregoing provisions, Ke$ha shall be entitled to injunctive and other equitable relief to stop or prevent such breach or threatened breach.”
So what do we learn from these passages?
First off, she must have plenty of free time on tour to sign off on all the photos taken! Then again, according to the Chicago Sun Times yesterday, her lips were moving when no vocals were coming out of the sound system. They also said that when she actually sang, she sounded pretty good! It just didn’t happen enough.
Second, even though she sells millions of CD’s and sells out all her shows, she must not be making any money, as she is forced to steal every journalists photos that she allows to shoot her shows.
Finally, the reason that it would be extremely difficult to calculate the monetary damages that a breach would cause is that there would not be any monetary damages! She is a very good looking woman who puts on a beautifully staged show. How could a picture of that cause damages? Also, if I remember my legal research from years ago, one cannot ask for monetary damages, unless a monetary figure is stated in the contract.