Spencer Elden
The “Nirvana Baby” s lawsuit dismissed for the time being
The Nirvana cover of “Nevermind”
© Stefano Chiacchiarini / Shutterstock
The lawsuit brought by Spencer Elden, who became world famous as a baby on the Nirvana record “Nevermind”, has been dismissed.
A judge has dismissed the lawsuit of the so-called “Nirvana Baby” from the cover of the cult album “Nevermind”. Spencer Elden, now 30, had sued a number of people and companies associated with the record.
Elden alleged in his lawsuit that the picture on the cover was published and reproduced without his – or his parents’ consent – and that the nudity of the picture amounted to child abuse. Accordingly, it is said that the cover is child pornography and violates US law as sexual exploitation.
Even Nirvana’s ex-drummer among the defendants
Among the defendants are Nirvana band members Dave Grohl (52) and Krist Novoselic (56), Kurt Cobain’s (1967-1994) widow Courtney Love (57), who regulates Cobain’s estate, the photographer Kirk Weddle and a large number of record labels. Even Nirvana’s original drummer Chad Channing (54) was sued, who had not been part of the band for a long time when “Nevermind” was conceived and released. According to “Variety” Elden demanded at least $ 150,000 in damages from each defendant.
Two weeks ago, most of the accused’s lawyers are said to have jointly requested that the lawsuit be dismissed. The explanation is that Elden spent three decades capitalizing on his fame as a self-proclaimed “nirvana baby”. Accordingly, he would have reproduced the photo several times for a fee or signed copies of the album cover and offered them for sale.
The lawsuit could be re-filed
The widespread use of the motif also makes Elden’s assessment of child pornography seem absurd – anyone with the album at home would be guilty of owning child pornography.
The lawyers also stated that the lawsuit was statute-barred. The judge Fernando M. Olguin in California now dismissed this – albeit with “permission to change”. This means that Eldens lawyers have until January 13th to re-file the lawsuit with the relevant amendments.