Nirvana files official response to ‘Nevermind’ baby lawsuit

Nirvana has filed an official response to a lawsuit from the man who was pictured as a baby for the cover of “Nevermind”.

Spencer Elden, 30, is suing the group over the photo of him as a child, in which he appears naked and swimming after a dollar bill in a pool. He claimed he suffered “life-long damage” from the image and that it was “commercial sexual exploitation of children” and child pornography.

Representatives for Nirvana have now issued a statement refuting the claims of the lawsuit, saying it is “not serious” and exceeds the statute of limitations. The lawsuit would only apply within 10 years of discovering he was the baby on the album cover and the band rejected the idea that they had only discovered this in the last one. decade.

“But the cover photo ‘Nevermind’ was taken in 1991,” the statement read. Billboard reports. “He was world famous no later than 1992. Long before 2011, as Elden argued, Elden was aware of the photo and knew that he (and not anyone else) was the baby in the photo. . He has been fully aware of the facts of the alleged “violation” and “injury” for decades.

He went on to cite occasions when Elden apparently kissed the blanket. “Elden has spent three decades enjoying his fame as the self-anointed ‘Nirvana Baby’, group representatives said. He noted that Elden has recreated the photo on more than one occasion and has “Nevermind” tattooed on his chest.

In response to the man’s claims that the photo amounts to child pornography, the group said it was “not serious.” “A brief review of the photograph or Elden’s own conduct (not to mention the presence of the photograph in the homes of millions of Americans who, according to Elden’s theory, are guilty of criminal possession of child pornography)” clearly shows it, ”they wrote.

The original lawsuit was filed in August 2021, with Elden claiming $ 150,000 (£ 112,000) in damages from drummer Dave Grohl, bassist Krist Novoselic, estate of Kurt Cobain, album cover photographer Kirk Weddle and designer Robert Fisher. The labels responsible for the album’s release, including Universal Music and Geffen Records, were also named.

In November, Elden made changes to the lawsuit, alleging he was also styled and photographed as Playboy founder Hugh Hefner. The amended request also revealed unearthed journal entries allegedly made by Cobain, which present a “sketch [of] the album cover in a sexual way, with cum all over it, ”and removed former Nirvana drummer Chad Channing’s name from the costume.

Nevermind baby sues Nirvana, wants album cover changed for future releases
Nirvana (Kurt Cobain, Krist Novoselic, Dave Grohl) pictured in 1992. Credit: Gutchie Kojima / Shinko Music / Getty Images

In addition to damages, Elden wants the album cover to be changed for any future reissue of the record. “If there is a 30th anniversary reissue, he wants the whole world not to see his genitals,” his lawyer Maggie Mabie said. A 30th anniversary reissue was released in November, using the original cover art.

Grohl previously said he had “a lot of ideas” on how the coverage might be changed, depending on the results of the lawsuit. “We will keep you posted,” he said. “I’m sure we’ll find something good. “

A number of legal experts, meanwhile, said they believed the case was likely to be dropped. Entertainment Litigation Associate Bryan Sullivan said Hollywood journalist that there is no release form, as Elden claims, “does not mean he has a child pornography claim.”

“As far as the right to privacy is concerned, you can waive it by your actions or by the actions of his parents by allowing him to be photographed,” he said.

Entertainment attorney Andrew Brettler added that some of Elden’s past actions could damage his case, saying: “What I think is really fucking their case is the fact that this kid sat down for all. these interviews and recreated the album cover. “

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