In the midst of a heavy lawsuit with the biggest companies in the Industry a whole new twist to the whole suit has just been revealed.
According to the said EMI publishing contract, Kanye is not allowed to retire. The contract states that Mr. West will remain actively involve in writing, recording, composing and producing Major Label Albums, as Your principal occupation.
Moreover, West must "at no time during the Term" initiate a retirement from those occupations or take an extended holiday in which he's not actively carrying them out his responsibilities.
The contract reads:
You (Mr. West) hereby represent and warrant that to [EMI] that You will, throughout the Term as extended by this Modification, remain actively involved in writing, recording and producing Compositions and Major Label Albums, as Your principle occupation. At no time during the Term will you seek to retire as a songwriter, recording artist or producer or take any extended hiatus during which you are not actively pursuing Your musical career in the same basic manner as You have pursued such career to date. (The preceding representation shall not be deemed to prevent You from taking a vacation of limited duration.)
According to the report from Kanye opposition camp, EMI has now filed a notice of removal in an effort to move the case from California state court to the federal level. Their argument is that this all falls under the Copyright Act, an argument that—if made successfully—could complicate what West is seeking in the dispute.
In an attempt to get his freedom, West sued both EMI and his label following a previous effort to buy back his publishing rights that was unsuccessful.
West's team has specifically pointed to California Labor Code section 2855 - The famous legal precedent states that personal service contracts, i.e. the same ones employed by those in creative fields, are limited to no more than seven calendar years in length.