Ke$ha may have to face a lawsuit in the future after her show featured a set that mimicked the costume design of experimental band The Residents, during her new tour. 

As part of Ke$ha's Warrior tour, the 25-year-old singer featured backup dancers dressed in tuxedos, top hats and eyeball masks over their heads. The problem is, The Residents created that concept and Ke$ha did not get permission before copying their costume designs for her set. 

"[Ke$ha is] interfering with their intellectual property," said Don Hardy, a documentarian working with The Residents. "Her people definitely didn't call in to say, 'Hey, can we use this?' They're debating what to do. One potential way to deal with it is to ask for a cease-and-desist and have attorneys sort it out. I think they'd rather see a different outcome, though."

Hardy added that the group was in a no-win situation, since they could be perceived as "the small guys trying to get in on something big." Regardless, Hardy said there could be a simpler solution to the problem.

"It could be a five-minute conversation if Ke$ha will acknowledge that the look came from the Residents and that she's giving them a tip of the hat," he suggested. "Telling people, 'If you've been to my show, it's an homage' might encourage some of her fans to check out the Residents, and the bigger win would be that bit of recognition."

The Residents have performed as a band for over 30 years, beginning in the '70s, and have released more than 60 albums since then. Their latest album, Mush-Room, was released in 2013.

Watch a video of The Residents performing their songs In the Beginning and God's Business in the costumes Ke$ha mimicked. 

Watch Ke$ha performing of her song Blah, Blah, Blah with the similarly dressed background dancers here:

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