‘Nirvana baby’ Spencer Elden files new lawsuit against band over Nevermind artwork E! News UK

Spencer Elden has filed a new lawsuit against Nirvana over ‘Nevermind’ artwork.

Elden – who was four months old when he was photographed naked in a swimming pool reaching out for a dollar bill on a fishing line for the band’s iconic 1990 album – reinstated his case after his initial complaint was thrown out by a judge last week.

He claimed the photo constituted child pornography and he filed papers on Wednesday (01.12.22) which enabled him to meet the deadline set by the judge to reinstate the case.

Elden’s original case was dismissed after the 30-year-old failed to respond after Nirvana and his co-defendants filed a motion to dismiss.

In his amended complaint, Elden no longer claims that the creation of the image involved him being sex-trafficking as a baby.

However, he still alleges the group “intentionally” marketed an image that constitutes “child pornography”.

Meanwhile, his lawyers included a statement from art director Robert Fisher – who worked on the cover and was named in the original lawsuit before being dropped as a defendant on December 22 – as he claimed to have informed the band and the record label that the baby’s genitalia could be digitally removed.

Fisher’s statement also features an early mock-up of the cover of “Nevermind,” which uses an image of another baby without his genitals exposed.

Elden’s attorneys alleged: “Like the creators of other controversial album covers, the defendants sought to draw attention by using a sexually explicit image that intentionally focused on Spencer’s carefully positioned enlarged genitalia. “

Elden is seeking damages of at least $150,000 from each defendant – including surviving band members Dave Grohl and Krist Novoselic, as well as Kurt Cobain’s widow Courtney Love and photographer Kirk Weddle, and the record labels Geffen and Universal Music.

Nirvana’s lawyers had filed a motion for dismissal and said the 30-year-old’s arguments – including claims that the artwork had caused him “extreme and permanent emotional distress”, as well as loss of wages and “enjoyment of life” – lacked foundation.

They added: “Elden’s claim that the photo on the Nevermind album cover is ‘child pornography’ is, on its face, not serious.”

They said anyone with a copy of the file would be “according to Elden’s theory [be] guilty of criminal possession of child pornography”.

Their lawyers continued: “He re-enacted the photograph for compensation, on several occasions; he had the title of the album tattooed … on his chest; he appeared on a talk show wearing a self-parody, nude-colored onesie; he autographed copies of the album cover for sale on eBay; and he used the connection to try to hit on women.”

Now, the defendants have until January 27 to respond to the latest complaint.

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