And I think it’s pretty clear that’s not the purpose.” What’s going to be at issue here is whether this album cover incites the lustful interest, sexual stimulation, or gratification of the viewer. “It has to appeal to the viewer’s prurient interest.
“The case is likely going to be dismissed,” says criminal defense attorney Matthew Matejcek of Beles & Beles, pointing to the Department of Justice’s definition of child pornography. I’ve had quite a few a-ha moments in my late twenties - and my likeness was not part of a marketing for what’s now considered one of the greatest rock albums of all time.)īaby on Nirvana's 'Nevermind' Cover Sues Band for Alleged Child Pornographyįender to Sell Replica Kurt Cobain Jag-Stang Guitar to Celebrate 30 Years of 'Nevermind'ĭave Grohl on Foo Fighters' Rock Hall Induction: 'None of Us Imagined This Would Happen' (I, too, was born in 1991, and my therapist, who I started seeing in 2019, has helped me recognize that there’s trauma from my childhood that I brushed off as insignificant. Psychologically speaking, he has every right to feel overwhelmed by conflicting emotions a person’s prefrontal cortex isn’t fully developed until age 25, and post-1991 developments like social media have also helped to destigmatize discussion of mental health. That baby is now a grown man: Spencer Elden, now 30, filed a lawsuit this week alleging that the Nevermind cover constitutes child pornography. And a lot has changed since 1991, when Nirvana shot the album cover for Nevermind, the sophomore album that catapulted the band into superstardom - and whose image of a baby is now the subject of a lawsuit from that very baby. It’s not uncommon for people to rethink experiences from their early life. 30 to respond to the motion, but his legal team missed the deadline and so the case was dismissed.Krist Novoselic, Dave Grohl, Butch Vig - Credit: Chris Pizzello/AP Photo The defendants in the case - which included former band members, as well as Kurt Cobain's estate, photographer Kirk Weddle, Universal Music, Geffen Records, Warner Records and MCA Music - filed a motion to dismiss the case last month.Įlden had until Dec. Now 30, he was seeking $150,000 in damages.
Elden was just 4 months old when he was photographed for the cover. Spencer Elden sued former members of the band in August 2021 for child exploitation and pornography, saying the band knowingly distributed a naked photo of him as a baby on the 1991 album cover and profited from it. Nirvana artifacts and exhibits are seen at the opening of "In Bloom: The Nirvana Exhibition," marking the 20th anniversary of the release of Nirvana's Nevermind album, in 2011 at the Loading Bay Gallery in London.Ī judge in California has dismissed a lawsuit filed against former band members of Nirvana over their iconic Nevermind album cover.
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