Posted by on January 14, 2022 10:09 am
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Baby on Nirvana Nevermind cover refiles lawsuit against band after case dismissed

FILE – Nirvana band members, from left, Krist Novoselic, Dave Grohl and Kurt Cobain pose after receiving an award for best alternative video at the 10th annual MTV Video Music Awards in Universal City, Calif., on Sept. 2, 1993. A federal judge has dismissed the lawsuit of a 30-year-old man who alleged that the image of him nude as a baby on the 1991 cover of Nirvana’s “Nevermind” is child pornography. Judge Fernando Olguin granted the motion by Nirvana’s attorneys to dismiss the case Monday, Jan. 3, 2022 but said plaintiff Spencer Elden can refile an amended version of the suit. (AP Photo/Mark J. Terrill, File) Mark J. Terrill/AP

Baby on Nirvana Nevermind cover refiles lawsuit against band after case dismissed

Christopher Hutton January 14, 09:30 AMJanuary 14, 09:30 AM

The baby depicted on the cover of a Nirvana album has refiled his lawsuit against the band, alleging that it was child pornography.

The lawsuit was refiled in the U.S. District Court for the Central District of California after Spencer Elden, the baby in Nirvana’s Nevermind artwork, missed a Dec. 30 deadline to respond to the band’s legal representatives’ motion for dismissal. Elden refiled the suit on Wednesday, a day before the deadline for amendments, seeking preliminary and permanent injunctive relief to stop the defendants from continuing their “injurious acts,” as well as compensatory, consequential, general, and actual damages in an amount to be determined at trial.

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Elden’s refiled complaint alleges that Nirvana, the Kurt Cobain estate, wedding photographer Kirk Weddle, Dave Grohl, and several 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.”

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While the refiled lawsuit resembles the first in substance, the second suit removed a claim alleging that the defendants did “knowingly benefit from participation in what they know or should know is a sex trafficking venture.”

Elden first filed the lawsuit in August, arguing that the Nevermind photo depicted him reaching for the dollar bill “like a sex worker” and said the band “added a fishhook specifically to make the image more menacing.” He also claimed the image on the album caused him physical, psychological, financial, and reputational harm.

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The lawsuit previously argued that Elden’s parents 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.” The parents were paid $200 for the photo, according to Spencer’s father, Rick.

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