Marsh Law responded by saying, “In accordance with the court’s order we will be filing a Second Amended Complaint very soon. If the defendants filed another motion to dismiss, both the teams would meet on Jan. 13, 2022, to refile the case with appropriate changes. Olguin said that Elden’s team had until Jan. Olguin of the Central District Court in California. 30, 2021, to respond to the motion for dismissal, but missed the deadline, so the case was dismissed by Judge Fernando M. This is common for all of our clients who are victims of actively traded child pornography, regardless of how long ago the image was created.”Įlden’s team had until Dec. Nirvana’s lawyers also said that the statute of limitations on Elden’s claims expired in 2011, to which Elden’s legal team from Marsh Law said, “Any distribution of or profits earned from any sexually explicit image of a child not only creates longstanding liability but it also breeds lifelong trauma. They noted that anyone who owned a copy of the record would “on Elden’s theory guilty of felony possession of child pornography.” They added that until recently, Elden enjoyed being known as the “Nirvana baby” by reenacting the photograph many times in exchange for a fee, tattooing the album name across his chest, autographing album covers and posting them for sale on eBay, and trying to pick up women using that connection.
“Elden’s claim that the photograph on the Nevermind album cover is ‘child pornography’ is, on its face, not serious,” their lawyers said. The former band members responded with a motion to dismiss the suit last month. The case was dismissed because the plaintiff missed the deadline for responding to the motion for dismissal.Įlden, who is now 30 years old, asked for $150,000 from each defendant, including surviving band members Dave Grohl and Krist Novoselic, Kurt Cobain’s estate, album photographer Kurt Weddle, Cobain’s former wife, Courtney Love, Universal Music, Geffen Records, Warner Records, and MCA Music.
Spencer Elden, the baby on the cover art, had filed the suit in 2021, claiming that the band exploited his image and profited from his naked body as a baby. According to documents filed in Los Angeles federal court on Tuesday, Elden says his “identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide from the time he was a baby to the present day.A lawsuit accusing former Nirvana band members of child exploitation and pornography for using a naked baby as cover art on their 1991 “Nevermind” album has now been dismissed by a California court. The members of Nirvana snapped in 1991: Dave Grohl, Kurt Cobain and Krist Novoselic.Īccording to, Elden, a Los Angeles resident, porn hud alleges lifelong damage and is seeking compensation from the defendants. He is suing 17 defendants, including the estate of late Nirvana singer and front man Kurt Cobain, with accusations that they breached child pornography laws in creating the artwork. Spencer Elden, now 30, is suing those who were responsible for the album imagery, including the record label, the art directors and the surviving members of the band.Įlden alleges his parents didn’t sign a release form for photographer Kirk Weddle to snap him at 4 months old, floating naked in a pool along with a dollar bill.
It’s one of the most iconic album covers in rock history, but doesn’t spark happy memories for the man who appeared on the famous cover as a baby. In September 2011, people in London walk past a large version of Nirvana’s Nevermind album cover marking the 20th anniversary of the album’s release.