JUSTICE – While a judge has just closed his case, Spencer Elden has filed a new complaint against Nirvana, accusing the group of “dissemination of distribution of child pornography”.
HR with AFP –
He does not intend to stop there. Spencer Elden, aka the naked baby in a swimming pool which appears on the cover of the mythical album Nervermind of Nirvana filed a new child pornography lawsuit in Los Angeles, reviving the case after a judge dismissed his first lawsuit as a procedural matter.
At the end of August 2021, Spencer Elden, now 30, filed a complaint on the grounds that neither he nor his parents would have given any authorization to use his image “and certainly not for the commercial exploitation of child pornography images of him”. A federal provision allows victims of child pornography to seek damages from anyone who produces, distributes or owns images in which they appear.
The Los Angeles judge had closed the file on January 3 because the plaintiff had not responded in due time to the arguments opposed to him by Nirvana’s lawyers. The judge had, however, authorized Spencer Elden to file a new complaint within ten days, which he did on Wednesday.
On the cover of nevermind, dating from 1991, can be seen at the age of four months, swimming naked in a swimming pool and seeming to want to catch a dollar on a hook. True reference, the album which counts hits like Smells Like Teen Spirit, has sold over 30 million copies.
He is claiming $150,000 in damages from the 17 people he is suing
The plaintiff, who says he never received financial compensation for the photo, is seeking $150,000 in damages from the 17 people he is suing, including former members of Nirvana and Kurt Cobain’s executor, Courtney Love.
Read also
- US court rejects baby complaint from Nirvana’s ‘Nevermind’ album
- Dave Grohl, ex-Nirvana drummer, has “full ideas” to modify the cover of “Nevermind”
In their response to the initial complaint, the defense lawyers argued, inter alia, that“Elden has spent three decades enjoying his stardom as a self-proclaimed ‘Baby Nirvana’“. “He remade the photo for compensation many times; he had the title of the album tattooed nevermind on the chest (…), he autographed copies of the album cover to sell on eBay and he used this link to try to hit on women”, they argued in particular.
On the same subject
The most read articles
Vaccination pass, instructions for use: what changes the bill adopted by Parliament
Marseille: kidnapped and raped, a 14-year-old girl located thanks to her Instagram and Snapchat messengers
After “five years of decline”, has France become the world’s seventh economic power?
LIVE – Covid-19: Pfizer will invest more than 500 million euros in France over five years
Tsunami warning from Japan to US: Threat over but heavy damage in Tonga