But its always been a positive thing and opened doors for me. The baby featured on NIRVANA's iconic 'Nevermind' album cover has filed a lawsuit against the band. We dont only protect certain kids., Why the Baby on Nirvanas Nevermind Album Is Suing Now, https://www.nytimes.com/2021/08/25/arts/music/spencer-alden-nirvana-nevermind.html. Elden listed the surviving band members, the executor of lead singer Kurt Cobains estate, and various record labels as defendants. The judge dismissed the case with leave to amend meaning Elden and his lawyers have until Jan. 13 to refile the case. Man shown as a baby on Nirvana's Nevermind album appeals ruling in band's favor. The law does not pick between children who immediately denounce their abusers and children who initially were dismissive about what happened to them, she said. Its amazing what 25 years and puberty will do to a persons genitalia. Spencer Elden, 30, says Nirvana engaged in child pornography when the band used a picture of him naked on the cover of the breakthrough album. It is as simple as that.. Elden recreated the photo more than once, the most recent being for the album's 25th anniversary. Global Business and Financial News, Stock Quotes, and Market Data and Analysis. Nirvana has won the lawsuit over their Nevermind cover art. In the motion to dismiss, which was filed two weeks ago, Nirvana claimed Eldens allegations lacked merit and smelled like an absurd cash grab. You can research this gross thing back to the stone age and its instinctively bizarre nature. He claims he "has suffered and will continue to suffer lifelong damages" as a result of the artwork, including "extreme and permanent emotional distress" as well as "interference with his normal development and educational progress" and "medical and psychological treatment". "He feels that everybody made money off it and he didn't," the photographer said. After the complaint was dismissed, a second amended complaint sought damages for what Elden called lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at the trial of this matter., Naked 'Nevermind' baby sues Nirvana for 'child pornography', The lawsuit alleged that Elden was sexualized because the image of the naked baby grabbing at the dollar bill made the baby resemble a sex worker.. Now, however, Mr. Elden, 30, has filed a federal lawsuit against the estate of Kurt Cobain, the musicians former bandmates, David Grohl and Krist Novoselic, and Mr. Cobains widow, Courtney Love, among other parties. 2023 BBC. However, by continuing to use our website, you agree to our use of cookies. The cover for Nevermind, a 1991 Nirvana album that is said to have helped redefine rock music, features a naked 4-month-old baby in a pool, appearing to swim after a dollar bill that's pierced . They wrote: Elden has spent three decades profiting from his celebrity as the self-anointed Nirvana Baby., Lawsuit Accusing Nirvana of Sexually Exploitive Imagery Is Dismissed, https://www.nytimes.com/2022/01/04/arts/music/nirvana-baby-nevermind-cover-lawsuit.html. 2023 Cable News Network. In a complaint filed Tuesday, Spencer Elden accused Nirvana of continuing to benefit from his "commercial sexual exploitation" 30 years after the album's release. In the original complaint, filed August 24, 2021, Eldens attorneys said the image was pornographic and that he has suffered lifelong damages as a result of his involvement. I was four months old and my dad was attending art school at the time, and his friends would often ask for help with their projects. January 13, 2022. Mr. Weddle paid Mr. Eldens parents $200 for the picture, which was later altered to show the baby chasing a dollar, dangling from a fishhook. Always found that album cover odd regardless. CNN has contacted these parties for comment. Nirvana's 'naked baby' lawsuit dismissed. You know that pathetic isn't it. Elden's lawyer claimed he has suffered and will continue to suffer lifelong damages because of the album cover. Press J to jump to the feed. All Rights Reserved. I have an extremely rare disease called FOP where my muscles, tendons and ligaments turn into bones. Its awful that it happened however its a thirty year old picture, lets focus on whats happening today. When she was young, she says she had some sort of vision that her baby was going to be everywhere. Just trust us when we say you wouldnt believe the difference! It's sexual and only becomes exposable with puberty. Bothers me that the kid's dick is visible at all. We all remember the cute baby diving in a pool chasing a dollar bill on Nirvanas album cover for Nevermind. Accordingly, plaintiffs action will be dismissed without leave to amend, said Fernando M. Olguin, United States District Judge for the Central District of California, in a ruling obtained by CNN. Universal Media Group and Warner Music Group, the parent company of Warner Records, did not immediately respond to a request for comment. In a ruling issued Monday Jan. 3, Judge Fernando M. Olguin tossed the case after the . Lawsuit by Nirvana baby smells like 'Green Spirit'. The lawsuit said that Mr. Elden is seeking $150,000 from each of the 15 people and companies named in the complaint, including Kirk Weddle, the photographer who took the picture. His lawyers have also included an statement from Robert Fisher, an art . Speaking to the Guardian in 2019, Weddle said he was still in contact with Elden, and acknowledged he was "conflicted about the picture". In HS 1961, I saw one guy other than myself who was normal. Aug. 26, 2021, 8:01 AM PDT By Danny Cevallos Never mind the lawsuit against Nirvana. appreciated. Eden claimed the band went back on an alleged promise to conceal his genitals on the album cover and the band intentionally leveraged the shocking nature of his image to promote themselves and their music at his expense.. Their lawyers did not immediately respond to messages for comment on Tuesday. The album artwork depicts 4-month-old Elden underwater in a swimming pool with his arms reaching out, grasping for . Usually, it turns out that he was baby on the cover of Nirvanas Nevermind. The photo of Mr. Elden was picked from among dozens of pictures of babies Mr. Weddle photographed for the album cover, which Mr. Cobain envisioned showing a baby underwater. Eldens lawyers did not immediately respond toRolling Stones request for comment on the dismissal motion Monday. And hey, looks like he still was! The lawyers who filed the motion represent Nirvanas surviving members, Dave Grohl and Krist Novoselic; Kurt Cobains widow, Courtney Love; and Kirk Weddle, the man who photographed the cover image. According to Spin magazine, a California judge dismissed the . The Hispanic population has always lowered the rate. Its cool but weird to be part of something so important that I dont even remember, he said in 2016 in an interview with The New York Post, in which he posed holding the album cover at 25. Spencer Elden, 31, who appeared naked on the album cover as a baby, sued the band over alleged commercial child sexual exploitation.. Jan. 13, 2022 3:51 PM PT. She started having my picture taken as a baby and giving it away as fridge magnets to friends.. Now that baby is all grown up and, believe it or not, so is his penis. When she was young, she says she had some sort of vision that her baby was going to be everywhere. In his complaint, the man, Spencer Elden, 30, accused Nirvana of engaging in child pornography when it used a photo of him as the cover art of Nevermind, the Seattle bands breakthrough 1991 album that helped define Generation X and rocketed the group to international fame. In their motion to dismiss, the lawyers for Nirvana said that Mr. Eldens lawsuit failed to meet the statute of limitations to file a complaint citing a violation of federal criminal child pornography statutes. Elden had expressed mixed feelings about the album cover, but never called it child pornography before. Not only was it loaded with social commentary about America and capitalism, it also featured a determined baby with the unusual skill of being comfortable while submerged in water. They knew who Nirvana were, but werent really into the grunge scene. I lost 95% of my body's movement. In his initial complaint, Eden who was 4 months old at the time of the 1991 underwater photo claimed neither he nor his guardians consented to the naked photoshoot. Spencer Elden, now 30, filed the lawsuit against against Kurt Cobainsestate and Nirvanas surviving members last year accusing them of sexual exploitation and child pornography. In a new filing in federal court in Los Angeles . The album, which included the hits Smells Like Teen Spirit, Come As You Are and Lithium, went on to sell 30 million copies around the world. If he misses the deadline, the case will be dismissed without prejudice and closed. The BBC is not responsible for the content of external sites. I might have one of the most famous penises in the music industry, but no one would ever know that to look at me. Cobains wife, the singer Courtney Love, was listed in the lawsuit as an executor of Cobains estate, alongside others including the photographer Kirk Weddle and record labels Universal Music Group, MCA Records and Geffen Records. Eons ago there was some feature in Q (a now defunct English music magazine) and they featured people who were on famous album covers, the U2 boy, that kinda thing. ), Roots Picnic 2023 Has Ms. Lauryn Hill, Diddy, Dave Chappelle, & Lil Uzi Vert. Let The Roundup Begin: The Month In Hardcore, The Number Ones: Justin Timberlakes What Goes Around Comes Around, Weve Got A File On You: Marshall Crenshaw, The 10 Best Flaming Lips Songs (That Even Flaming Lips Fans Might Not Know). Nirvana says the man pictured as the naked baby on its Nevermind album cover has milked his child pornography claims against the band long enough. The family quickly forgot the photoshoot until, three months later, they saw the Nevermind album cover blown up on the wall of Tower Records in Los Angeles. His privacy is worthless to the world.. Robert Y. Lewis, one of Mr. Eldens lawyers, said they would file the complaint well before the deadline. An Italian guy stopped me and said, Youre the Nirvana baby! which Ithought was the craziest thing. A case filed Tuesday alleges that the grunge rock band engaged in commerial child pornography when it used a. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Email weekend@theguardian.com, Original reporting and incisive analysis, direct from the Guardian every morning, I dont think my parents really gave me taking part in this shoot too much thought., y mum has a crazy story. It is one of the best-selling records of all time, with at least 30 million copies sold worldwide. 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