The baby who appeared naked swimming in a pool on the album cover never mind de Nirvana filed a new lawsuit for child pornography in Los Angeles, reactivating a case after a judge dismissed his first lawsuit for procedural failures, as reported this Thursday (01.13.2022).
At the end of August 2021, Spencer Elden, 30, filed a complaint arguing that neither he nor his parents had authorized the use of his image “and less for the commercial exploitation of his person with images of child pornography”. A federal provision allows victims of child pornography to seek damages from anyone who produces, distributes, or possesses images of them.
The Los Angeles judge dismissed the case on January 3 because the plaintiff did not respond in time to the arguments presented by Nirvana’s lawyers. However, the judge allowed Elden to file a new complaint within ten days, which he did on January 12.
the album cover never mind (1991) shows him at four months of age, swimming naked in a pool and appearing to be reaching for a dollar on a hook. With legendary songs like Smells like teen spiritthe album sold more than 30 million copies and became a rock reference.
The plaintiff, who says he never received any financial compensation for the photo, is now seeking $150,000 in damages. He is suing 17 people, including former members of Nirvana and the executor of the late Kurt Cobain, Courtney Love.
In their response to the original complaint, defense attorneys had argued, among other things, that “Elden has spent three decades basking in his fame as a self-proclaimed ‘Nirvana baby’.”
“He has remade the photo for payment numerous times; he has tattooed the album title on his chest (…), he has autographed copies of the album cover to sell on eBay and he has used the link to try to get out with women,” they noted.
loves (afp, ap, Reuters)
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Author: Silke Wünsch (cp/ers)
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