30, 2021, to respond to the motion for dismissal, but missed the deadline, so the case was dismissed by Judge Fernando M. This is common for all of our clients who are victims of actively traded child pornography, regardless of how long ago the image was created.”Įlden’s team had until Dec. Nirvana’s lawyers also said that the statute of limitations on Elden’s claims expired in 2011, to which Elden’s legal team from Marsh Law said, “Any distribution of or profits earned from any sexually explicit image of a child not only creates longstanding liability but it also breeds lifelong trauma. They noted that anyone who owned a copy of the record would “on Elden’s theory guilty of felony possession of child pornography.” They added that until recently, Elden enjoyed being known as the “Nirvana baby” by reenacting the photograph many times in exchange for a fee, tattooing the album name across his chest, autographing album covers and posting them for sale on eBay, and trying to pick up women using that connection. “Elden’s claim that the photograph on the Nevermind album cover is ‘child pornography’ is, on its face, not serious,” their lawyers said. The former band members responded with a motion to dismiss the suit last month. The case was dismissed because the plaintiff missed the deadline for responding to the motion for dismissal.Įlden, who is now 30 years old, asked for $150,000 from each defendant, including surviving band members Dave Grohl and Krist Novoselic, Kurt Cobain’s estate, album photographer Kurt Weddle, Cobain’s former wife, Courtney Love, Universal Music, Geffen Records, Warner Records, and MCA Music. Spencer Elden, the baby on the cover art, had filed the suit in 2021, claiming that the band exploited his image and profited from his naked body as a baby. The lawsuit says that “Spencer’s true identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor.” NPR says that the lawsuit also alleges emotion distress as a result of the cover image.Īccording to Artnet, Elden is now 30 years old and working as a painter.A lawsuit accusing former Nirvana band members of child exploitation and pornography for using a naked baby as cover art on their 1991 “Nevermind” album has now been dismissed by a California court. EW says that Elden was paid $250 for the shoot. The photographer noted that the shoot included extra models “because you can’t count on a baby to do anything you want.” The article says that the parents held the babies in the shallow end of the pool, then dropped them to drift for three or four seconds in front of Weedle, who was known for his underwater work. The ‘swimming’ baby’s goal? A single dollar attached to a fish hook.Īccording to an Entertainment Weeklyarticle published shortly after the album, Elden was one of four babies brought to the shoot. But, that nude infant appears to be sinking down in a pool. Nirvana’s Nevermind album cover is likely so easily recognizable in part because of the shock value of that cover image. The lawsuit also claims that Elden’s parents never signed a release to use the image and that Elden, then four months old, was never compensated for the image. The list of defendants is a lengthy one that includes photographer Kirk Weedle, band members Dave Grohl and Krist Novoselic, Kurt Cobain’s estate, Universal Music, Geffen Records, Warner Records, and MCA Music.Īccording to NPR, the lawsuit accuses the photographer of taking a “sexually graphic” photo and claims that, originally, the album was supposed to have a sticker over the baby’s genitals. The lawsuit, which was filed earlier this week in California, asks for $150,000 in damages from each of the defendants. Nirvana’s Nevermind cover album baby, Spencer Elden, all grown up. Elden has filed a lawsuit alleging child exploitation and child pornography for the cover that shows a nude four-month-old Elden in a swimming pool facing a dollar bill on a fish hook. The iconic cover of Nirvana’s 1991 album is now the subject of a lawsuit against the band, photographer and production companies. Thirty years ago, Spencer Elden was just a baby when he swam nude on Nirvana’s Nevermind album cover. #Nirvana nevermind cover baby update#Update : Spencer Elden’s lawsuit has been dismissed, though the possibility of a refile is still possible.
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