Friday January 14, 2022
Spencer Elden won’t give up Nevermind baby files another lawsuit
On the cover of Nirvana’s album Nevermind, Spencer Elden – then a baby – swims after a dollar bill. 30 years later, this amount is no longer enough for him. Once again he goes to court for a claim for damages.
It is one of the most famous album covers in rock history: the legendary Nirvana record “Nevermind” was released in 1991. Pictured on the booklet: a naked baby underwater, diving for a dollar bill on a fishhook. Spencer Elden, pictured there, now 30 years old, has been trying to win damages in court for a long time. After one first lawsuit dismissed in early January According to media reports, he has now appealed to a court again. Elden alleges in the lawsuit that the nudity was child pornography. At the time of the recording he was four months old and could not defend himself against it. The further argument: The band Nirvana around the deceased frontman Kurt Cobain earned millions at his expense, so he is now demanding at least $150,000 in damages – per defendant. Overall, he is directing the lawsuit against 17 individuals, including the former Nirvana drummer and today’s Foo Fighters singer Dave Grohl, bassist Krist Novoselic, photographer Kirk Weddle and – of course – also against grunge icon Kurt Cobain’s widow, Courtney Love.
This is how the Nirvana defense argues
In the first lawsuit, Elden referred to a law against sexual exploitation that was not enacted until 2003. The judges followed the arguments of the defense that the regulation could not be applied retrospectively. According to statements by the art director at the time, a licensed image was initially intended for the cover, on which the child’s penis was not seen. However, the band opted for a different picture for cost reasons. He recreated the photo many times for a fee, had the album’s title tattooed, appeared on talk shows and sold signed copies of the record. There was never any damage. The defense is therefore moving to have the lawsuit dismissed. David Grohl said in an interview at the end of October that he didn’t think too much about Spencer Elden’s lawsuit. “I don’t know if I can talk about it because I haven’t spent too much time thinking about it.” However, he feels like most people who disagree with the 30-year-old plaintiff. “Listen, he has a ‘Nevermind’ tattoo. I don’t,” Grohl continued.
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