As reported Ultimate Classic Rock,Nirvana has released its official response to the lawsuit filed by the baby on the cover of ‘Nevermind’, Spencer Elden, accusing that the emblematic image in which it appears is “child pornography”. The surviving members and heirs of the gang have described this accusation as “not serious”.
The cover of ‘Nevermind’, as you probably know, features a naked baby (Elden) in a swimming pool chasing a dollar bill on a hook. The album sold over 30 million copies and its cover is one of the most iconic in rock history. Last August, Elden filed a lawsuit against the gang, alleging that they “knowingly produced, possessed and promoted commercial child pornography depicting Spencer, and knowingly received value for doing so.”
Now, both the living members of Nirvana and the heirs of Kurt Cobain have defended themselves, stating that Spencer’s accusations are nonsense and misleading: “Elden has spent three decades benefiting from his fame as the self-styled ‘Baby of Nirvana’”, explains the band in a statement.
Not in vain, Spencer has a tattoo of the ‘Nevermind’ on his chest and has recreated the famous photograph on multiple occasions as an adult.. The band says that, in addition, “He has used this connection to flirt with women”based on statements made by the affected party in interviews.
Nirvana has gone on to cite that the statute of limitations on a federal child pornography lawsuit is 10 years from the time the victim becomes aware of the crime. This would mean that Elden would have realized that the cover was a problem in 2011, at which time she was 20 years old. Taking into account that ‘Nevermind’ is one of the best-known albums in history, the members of Nirvana indicate that this is unlikely.
“The ‘Nevermind’ photo was taken in 1991. It became world famous no later than 1992”, the band continues. “Long before 2011, as Elden has already stated, he knew that the photograph existed and that he – and not someone else – was the baby in it. He has been aware of this alleged ‘rape’ and ‘injury’ for decades”.
However, this is not all, because Nirvana would be preparing a new response compiling all the reasons why the cover of ‘Nevermind’ is not, in any case, child pornography. Be that as it may, the band has already given a couple of weighty arguments in its statement.
“Elden’s lawsuit claiming the ‘Nevermind’ cover is ‘child pornography’ isn’t serious to begin with”, says the band. “A brief examination of the photograph or of Elden’s own conduct (not to mention the presence of the photograph in the homes of millions of Americans who, according to Elden’s theory, are guilty of the crime of possession of child pornography) make it clear”.
Last October, Dave Grohl admitted that he hadn’t given the ‘Nevermind’ lawsuit much thought: “I think there’s a lot more to look forward to and a lot more things in life than to get depressed about that kind of stuff. And, luckily, I don’t have to do the paperwork.”
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