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"Listen, he’s got a Nevermind tattoo," Grohl said of the plaintiff. The drummer said he was open to altering the cover for future versions of the album, but expressed no sympathy for Elden's apparent flip-flop regarding his involvement. In a December 23 hearing, Nirvana's lawyers pointed out that Elden has recreated the iconic album cover multiple times as an adult to celebrate milestone Nevermind anniversaries and therefore profited "from his celebrity as the self-anointed 'Nirvana Baby.'"ĭave Grohl was asked last fall in a few interviews to weigh in on the lawsuit. Elden's decision to not sue these defendants for the past 30 years, despite his decades-long knowledge of their same and unvaried conduct, is dispositive of his claim. The lawyers then underscored - as they have many times since the initial lawsuit was filed in August - the most damning element of Elden's case. He accused more than a dozen parties of contributing to the sexual exploitation of a child. 'I was like, damn, you know, I dont know whether theyre going to like that,' he says. However, there was a problem with it: the babys penis was prominently shown. When the film was developed, Weddle saw he had only one good frame. In his ever-shrinking pleading, Elden has now dismissed all but one of the myriad state- and federal-law claims he previously attempted to charge against defendants."Įlden's initial lawsuit claims that the Nevermind album cover amounts to child pornography. Nirvanas Nevermind baby recreates classic album cover. It then adds that "no amendment is possible to salvage claim. "This case must end," states the band's official response.
#NIRVANA NEVERMIND COVER SUE TRIAL#
“Spencer’s image constitutes child pornography and each of the Nirvana defendants robbed our client of his dignity and privacy.”Įlden is asking for a trial by jury and $150,000 from each of the 17 defendants - Including former Nirvana members, Courtney Love, the alum's photographer and record companies Universal Music Group, Geffen, Warner and MCA Music.Just over a week after his lawsuit against Nirvana over the Nevermind album cover was dismissed, Spencer Elden - who was photographed for the cover as an infant - refiled his complaint against the band.Įlden's amended complaint, filed January 12 in federal court in Los Angeles, has drawn a forceful statement from Nirvana's lawyers.
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“This unprecedented album cover is perhaps the first and only time a child’s full-frontal nudity has been used to sell a product,” Elden’s attorneys said, per USA Today. Spencer Elden, known as the baby off of Nirvanas famous 'Nevermind' album cover, is now suing the band with claims of child pornography. The initial lawsuit was filed in August 2021, claiming that his legal guardians never signed a release “authorizing the use of any images of Spencer or of his likeness, and certainly not of commercial child pornography depicting him.” He said that the photo where he is pictured naked in a swimming pool has caused him ”permanent emotional distress,” per BBC.Īccording to Pitchfork, Elden claimed that Nirvana, photographer Kurt Weddle and a number of record labels “intentionally commercially marketed the child pornography depicting Spencer and leveraged the lascivious nature of his image to promote the ‘Nevermind’ album, the band, and Nirvana’s music, while earning, at a minimum, tens of millions of dollars in the aggregate.” Spencer Elden, who was pictured in Nirvana’s ‘Nevermind’ album as a child, claims that the photo constitutes child pornography, filing papers to meet a deadline that can reinstate the lawsuit.
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