Nevermind cover: The man who was a naked baby on the Nirvana album loses his case

The lawsuit filed against Nirvana by the man who appeared as a naked baby on the cover of their iconic album has been dismissed.

A California judge has launched a lawsuit against Nirvana by the man who appeared as a naked baby on the cover of their groundbreaking album Nevermind.

Spencer Elden, now 30, took legal action against Kurt Cobain’s estate and surviving members of Nirvana last year, accusing them of sexual exploitation and child pornography.

Elden claimed that the artwork constituted child sexual abuse and that he suffered “lifelong damage” as a result of his naked body stuck to the album cover.

Federal Judge Fernando M. Olguin dismissed the case Monday night after Elden missed his December 30 deadline to file a response to Nirvana’s motion to dismiss, reports The New York Post.

The judge dismissed the case “with leave to vary,” meaning Elden and his lawyers have until January 13 to retry the case. If he exceeds the deadline, the case will be closed without prejudice and closed.

In the motion to dismiss, filed two weeks ago, Nirvana claimed that Elden’s claims lacked merit and smelled like an “absurd” seizure of money.

“Elden’s claim that the photograph on the It does not matter the album cover is that ‘child pornography’ is prima facie not serious, ”Nirvana’s lawyers said.

They added that anyone with a copy of the album would be “on Elden’s theory [be] guilty of the felony of possession of child pornography ”.

Nirvana’s legal team also argued that Eden had already taken advantage of being “baby Nirvana”.

“He reconstituted the photograph in exchange for a royalty, several times; he got the album title tattooed on his chest; he appeared on a talk show wearing a self-parodying nude-colored onesie; he signed copies of the album cover for sale on eBay; and he used the connection to try to pick up women, ”argued the lawyers.

The lawyers who filed the petition represent surviving members of Nirvana, Dave Grohl and Krist Novoselic; Kurt Cobain’s widow, Courtney Love; and Kirk Weddle, the man who photographed the cover image.

In her initial complaint, Eden – who was four months old at the time of the 1991 underwater photo – claimed that neither he nor his guardians consented to the nude photoshoot.

Eden claimed the band reneged on an alleged promise to conceal their genitals on the album cover – and that the band intentionally “took advantage of the shocking nature of their image to promote themselves and their music to their people. costs “.

“The permanent harm he suffered immediately includes, but is not limited to, extreme and permanent emotional distress with physical manifestations, interference with his normal development and academic progress, lifetime loss of ability to earn income, lost past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life and other losses to be described and proven at the trial of this case, ”the complaint said of Eden.

This article originally appeared in the New York Post and has been reprinted with permission

Originally posted as judge sues Nirvana over ‘Nevermind’ baby blanket

.

Leave a Reply

Your email address will not be published. Required fields are marked *