Nirvana wins lawsuit against Spencer Elden, who is suing the group after appearing on the cover of their Nevermind album.
A California judge dismissed a lawsuit filed against grunge band Nirvana by Spencer Elden, who appeared as a naked baby on the legendary cover of their 1991 album Nevermind.
Elden, now 30, sued the rockers last year for sexual exploitation and said the artwork was child sexual abuse. He claimed that the famous cover photo caused him “extreme and persistent emotional distress” as well as loss of wages and “pleasure in life.”
Nirvana Dismisses Claims Following Lawsuit
Last month, Nirvana filed a petition to dismiss any of the lawsuits, saying Elden’s arguments were groundless. The petition was filed by lawyers representing surviving Nirvana members Dave Grohl and Krist Novoselic; Kurt Cobain’s widow Courtney Love; and Kirk Weddle, cover photographer for Nevermind.
“Elden’s claim that the cover photo of Nevermind is ‘child pornography’ is at first glance frivolous,” the group’s lawyers said, noting that anyone with a copy of the tape would “be Elden’s theory. [be] found guilty of possession of child pornography. “
They went on to say that, until recently, Elden seemed to be infamous as the “child of Nirvana.”
“He faked the photo multiple times in exchange for a reward; he had the title of the album tattooed on his chest … has autographed copies of the album cover for sale on eBay, and he used the connection to try and take the women.”
Elden sues 90s cult band too late
In fact, Elden’s statute of limitations expired in 2011, which means he was too late to sue, regardless of the merits of his arguments. His lawyers argued that the statute of limitations does not apply as long as the album continues to sell as it stands. The album, which turned 30 last year, remains one of the best-selling albums in the industry to this day.
“Child pornography is an eternal crime” Marsh Lo told Variety magazine in 2021… “Any distribution or profit derived from any sexually explicit child portrayal not only creates long-term liability, but also results in lifelong trauma. This is common for all of our clients who are victims of actively marketed child pornography, no matter how long the image is. was created “.
Elden’s legal team was due to respond to Nirvana’s resignation motion by December 30, but missed the deadline.
This led to the fact that Judge Fernando M. Holguin closed the case “with permission to make amendments” – which means that his team must reopen the case by January 13, with the appropriate changes.
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