Spencer Elden, who appeared as a child on the cover of Nirvana’s Nevermind album, has relaunched his lawsuit against the seminal grunge group, claiming it “constitutes child pornography.”
A California judge on Jan. 4 upheld Elden’s motion to dismiss a child pornography lawsuit, first filed in U.S. District Court in August, giving Elden’s legal team a “last chance” to submit a modified version by Thursday. was given.
The reopened and amended lawsuit was filed Wednesday, A press release obtained by Elden’s lawyers said the new “pictures and materials” reveal that the creators of Nevermind deliberately chose to commercialize and use Spencer’s sexually explicit sexual image.
“This unprecedented album cover may be the first and only one used to sell a child’s complete frontal nudity product,” Elden’s attorneys said in a statement. “Spencer’s picture constitutes child pornography, and each of the Nirvana defendants has stolen our client’s dignity and privacy.”
Elden’s reinstated lawsuit, filed Thursday, once again named gang members Dave Grohl, Chad Channing, Krist Novoselic and the late Kurt Cobain for allegedly producing, owning and promoting “commercial child pornography” in Elden. accuses, they post a nude photo of her. As a baby on the cover of the album “Nevermind”.
Elden’s attorneys claim that “as long as the offenses described above continue, he will continue to suffer.”
U.S. District Judge Fernando M. Olguin and representatives of Nirvana appealed for comment.
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“In the 10 years before this lawsuit was filed, each defendant deliberately sold child pornography depicting Spencer for commercial purposes and used the cruel nature of his image to promote the Nevermind album, band, and Nirvana music. n million dollars, ”the statement of claim said.
Elden is seeking $ 150,000 from the jury and $ 17,000 from each of the 17 defendants, including former Nirvana members, Cobain’s widow and property executive Courtney Love, album photographer and designer, and Universal Music Group, Geffen, Warner and MCA Music record companies. .
According to the lawsuit, Cobain, Novoselik and Grohl deliberately chose a picture of Elden, whose penis was visible, to get a dollar bill hanging from a fish hook “as a sex worker”.
Elden also noted that the group continues to reproduce, distribute and advertise the pornographic image, citing the fact that Nevermind was released in September 2021 to mark its 30th anniversary, with the exact same cover.
“If the entertainment industry prioritizes profit over childhood privacy, consent and dignity, our client will continue to strive for awareness and responsibility,” Elden’s attorneys said in a statement. Thursday.
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Elden had previously re-created the cover to celebrate the 15th and 25th anniversaries of the album’s release. In 2016, he told the New York Post that he volunteered to do his final cover naked, but the photographer “thought it would be weird.”
He spoke positively about the cover a year ago, in 2015, when he unveiled the cover of the Nevermind album at the Museum of Pop Culture in Seattle at the show Nirvana: Bringing Punk to the Public.
Along with graphic designer Robert Fisher, photographer Kirk Wedley, who was named as the defendant in the trial, was tasked with photographing the cover, which could be Nirvana’s most advanced album. She was friends with Elden’s parents and asked if their 4-month-old baby could be involved in the photo shoot.
“Dad said,‘ Oh, no problem, man. We go down to the pool and throw it, and that’s what happens, ”Elden recalls.“ And it wasn’t a big deal. And no one knew what that would be. “
His parents were paid $ 200, he said. According to the complaint, the album has sold more than 30 million copies to date, and neither Elden nor his parents have ever signed a release that allows for his photos.
“It just opened the doors for me and it was a really positive, fun experience,” Elden said in a 2015 interview.
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Contribution: Hanna Yasharoff