A California judge on Monday upheld a petition filed by a man who appeared as a baby on the cover of Nirvana’s popular album Nevermind on a recently filed child pornography lawsuit.
In August, Spencer Elden, 30, filed a lawsuit against former band members, music directors and the photographer during the filming, claiming that he would suffer “lifelong damage” because of the album’s cover. The cover of his 1991 album depicts him as a baby whose genitals are shown.
Elden and his legal team were due to file a protest by Dec. 30 after the defendants indicated they would drop the lawsuit on Dec. 22, but did not do so, according to legal documents submitted and obtained by Monday.
Therefore, the verbal argument originally scheduled for Jan. 20 was dropped, although U.S. District Judge Fernando M. Olguin gave Elden a “last chance” until Jan. 13 and dismissed the case once and for all. z changed the complaint.
asked Elden’s representative for comment.
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Elden filed a lawsuit in Los Angeles federal court in August against gang members Dave Grohl, Chad Channing, Krist Novoselic, and the late Kurt Cobain, alleging “commercial child pornography” when Elden posted a nude photo of them. accuses of production, possession and advertising. Their album cover featured them in their infancy, which made them a star.
“The defendants deliberately sold Spencer’s child pornography for commercial purposes and used the astonishing nature of his image to promote themselves and their music at his expense,” the statement said. “Defendants used child pornography depicting Spencer as an important element of a record-breaking propaganda scheme widely used in the music industry, in which album covers were used to gain popularity, boost sales, and attract media attention. sexually provocatively photographed children. comments. “
Elden was asked by a jury to hold a trial and $ 150,000 from each of the 17 defendants, including former members of the group, Cobain’s property performer, album photographer and designer, Universal Music Group, Geffen, Warner, and voice recorders. The companies have Court Love. MCA music.
Previous story:A male group that appeared as a baby on Nirvana’s “Nevermind” album has filed a lawsuit for child pornography
Cobain, who died in 1994 at the age of 27, allegedly chose a photo of Elden with his penis visible in order to get a dollar bill hanging from a fish hook “as a sex worker”.
“Spencer’s real identity and legal name are forever associated with the commercial sexual exploitation he experienced as a minor, which has been distributed and sold around the world since his infancy,” the lawsuit adds. .
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 had 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.
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Along with graphic designer Robert Fisher, photographer Kirk Weddle, who was indicted in court, 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. The lawsuit claims that the album has sold more than 30 million copies to date, and that neither Elden nor his parents have ever signed a release that would allow his photos.
“It just opened the doors for me and it was a really positive, exciting experience,” he said in a 2015 interview.
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