A judge in California has dismissed a lawsuit filed against former band members of Nirvana over their iconic Nevermind album cover. Imagine a baby with an exposed penis head. A California man who appeared on the cover of Nirvana's "Nevermind" album as an infant has filed a lawsuit against the band claiming he was the victim of child pornography. In the filing, Elden's lawyer claims the image constitutes child pornography, violating federal laws. I'm just asking the band to do what they should have . But it's always the record labels that make the money.". In a different interview that year, he said he was angry that people still talked about it. But they also denied that the picture, one of the most famous photographs of all time, was an example of child pornography. 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. According to the lawsuit, Nirvana sold more than 30 million copies of "Nevermind.". Nevermind is the second studio album by the American rock band Nirvana, released on September 24, 1991, by DGC Records.It was Nirvana's first release on a major label and the first to feature drummer Dave Grohl.Produced by Butch Vig, Nevermind features a more polished, radio-friendly sound than the band's prior work. Almost 50 Years After Knockin On Heavens Door God Still Wont Let Bob Dylan Die, Blues Musicians Now Prospering Life Threatens Career, Green Day Strikes It Rich, Finds Worlds Largest Oil Field, The Devil Who Went Down To Georgia Announces Hes Voting Blue, 10 Passive-Aggressive Gifts To Get Your Downstairs Neighbor Who Is Attempting To Record A Metal Album In His Apartment, Florida Bans All Books DeSantis Hasnt Memorized Word For Word So Nobody Finds Out He Cant Read, Sad! Speaking to the Guardian in 2019, Weddle said he was still in contact with Elden, and acknowledged he was "conflicted about the picture". That baby was Spencer Elden . Chan k'chang: 25 years of Nevermind. Nevermind sold 3m copies by the time I was one. Elden is seeking $150,000 in damages from each of the 15 defendants named in the suit. The red dried fruit ends just can't imagine what a normal penis is. Representatives for Mr. Grohl, Ms. Love, and Geffen Records, which is now part of Universal Music Group, did not respond to messages. On Monday evening, Judge Fernando M. Olguin, who was presiding over the case at the U.S. District Court in. Judge Fernando M. Olguin said that Mr. Eldens lawyers had until Jan. 13 to file a second amended complaint to address the alleged defects in the defendants motion to dismiss. Elden's lawyer said that there were at least 40 or 50 photos taken at the time, but the image chosen depicted Elden "like a sex worker grabbing for a dollar bill that is positioned dangling from a fishhook in front of his nude body.". Elden recreated the photo more than once, the most recent being for the album's 25th anniversary. Anyone can read what you share. I lost 95% of my body's movement. It is one of the best-selling records of all time, with at least 30 million copies sold worldwide. 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. I was born in 1978, had an older sister (Great source of musical education) so was one of those fucking annoying kids that was like I was into them before they were big.. 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. Jan. 4, 2022 A federal judge has dismissed a lawsuit filed by a man who said he had been sexually exploited by the grunge rock group Nirvana when the band used a photo of him as a baby, naked. A Division of NBCUniversal. A federal judge in Los Angeles has dismissed a lawsuit by a man who said the grunge rock group Nirvana sexually exploited him in its 1991 album Nevermind, which features a photo of him as a naked, four-month-old baby. It is a weird thing to get my head around, being part of such aculturally iconic image. Now 30, Elden says his parents never signed a release authorising the use of his image on the album. He sent a photographer to a pool for babies to take pictures. He has re-enacted the photograph in exchange for a fee, many times; he has had the album title tattooed across his chest; he has appeared on a talk show wearing a self-parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women, the lawyers argued. As a subscriber, you have 10 gift articles to give each month. In 2016, he told Time Magazine that he "got a little upset" about his notoriety as he grew older. Spencer Elden, who. CNN has contacted these parties for comment. Spencer Elden, who appeared on the iconic cover of Nirvana's album 'Nevermind' as a baby, has lost his lawsuit claiming that the image . Non-sexualised photos of infants are generally not considered child pornography under US law. 10:45 AM PT-- 8/25 -- Elden tells TMZ ."Nirvana exploited me when I was a baby to sell their music, but there is a person behind every image. He is asking for damages of at least $150,000 (109,000) from each of the 15 defendants, who include surviving band members Dave Grohl and Krist Novoselic; the managers of Kurt Cobain's estate; Cobain's former wife Courtney Love; and photographer Kirk Weddle. The album artwork depicts 4-month-old Elden underwater in a swimming pool with his arms reaching out, grasping for . Kinda feel sorry for the kid for having parents who cut him, but not much else tbh. Even though he recreated the images later on in life, he was clothed and he was an adult and these were very different circumstances.. "The images exposed Spencer's intimate body part and lasciviously displayed Spencer's genitals from the time he was an infant to the present day," legal papers filed in California claim. A federal judge has dismissed a lawsuit against the band Nirvana filed by a man who claimed that his depiction as a naked infant on the cover of their 1991 album, Nevermind, was "child pornography." Spencer Elden, who was photographed as a 4-month-old for the image that would become the cover, filed the lawsuit in federal court in August 2021, claiming that he was the victim of "commercial . Spencer Elden, the man who was photographed as a baby on the album cover for Nirvana's Nevermind, is suing the band alleging sexual exploitation. I don't even like the fact that it has a naked baby in the first place, so that alone bothers me. The Hispanic population has always lowered the rate. Are you in a famous photograph? We all remember the cute baby diving in a pool chasing a dollar bill on Nirvanas album cover for Nevermind. Is there a source? Mr. Weddle did not respond to messages requesting comment. Jan. 13, 2022 3:51 PM PT. 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. Elden claimed the artwork constituted child sexual abuse and that hed suffered lifelong damage from having his naked body plastered on the album cover. The lawyers for Nirvana said that Mr. Elden used his fame from the photo to pick up women and benefited financially from the album cover. She started having my picture taken as a baby and giving it away as fridge magnets to friends. Mr. Elden said he was referred to managers and lawyers. Nirvana's Nevermind has one of the most iconic album covers of all time, featuring a naked baby swimming in a pool, following a dollar bill hooked on a fishing line. Kurt Cobain, Krist Novoselic, and Dave Grohl of Nirvana backstage in Tokyo on December 19, 1992. Spencer Elden, who was featured as a naked baby on a Nirvana album's cover art, is now suing the band for alleged "commercial child sexual exploitation." Chris Cuomo isn't buying it. They were trying to create controversy because controversy sells, Ms. Mabie said. For more information, read our Cookie Policy. However, there was some concern because the boy's circumcised penis was visible in the image. "[When] I go to a baseball game and think about it: 'Man, everybody at this baseball game has probably seen my little baby penis,' I feel like I got part of my human rights revoked.". The cover of Nevermind, on which the infant Elden appeared, swimming underwater, his eyes fixed on a dollar bill, has become one of the most enduring images in rock music. Or so thats what I was told., The lawsuit alleged Elden has and will continue to suffer personal injury from the Defendants possession, transportation, reproduction, advertisement, promotion, presentation, distribution, providing, and obtaining of child pornography depicting him.. 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 . In a complaint filed. Global Business and Financial News, Stock Quotes, and Market Data and Analysis. Spencer Elden, the man who appeared on Nirvana's iconic "Nevermind" album cover as a baby, has . Send us a tip using our anonymous form. Read about our approach to external linking. The photograph became one of the most enduring images in rock music. Why the Baby on Nirvana's 'Nevermind' Album Is Suing Now Spencer Elden, 30, says Nirvana engaged in child pornography when the band used a picture of him naked on the cover of the. Just trust us when we say you wouldnt believe the difference! 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". Given that the kid is probably close to my age(early 30s), it's common for the time. In their prior Dec. 22 motion to dismiss the first amended complaint, Nirvanas lawyers argued that Eldens willingness to associate himself with the Nevermind cover over the years such as selling autographed copies of the cover and at one point recreating the photograph as an adult for a paying gig proved he didnt suffer any damages. My parents took me down there, apparently they blew in my face to stimulate my gag reflex, dunked me in, took some pictures, and pulled me out. The cover of Nirvana's Nevermind showed a naked baby swimming underwater in a pool, reaching for a dollar bill hanging from a sharp fishing hook. "Nevermind" was back in the news last month when the . All Rights Reserved. If you have a story suggestion email entertainment.news@bbc.co.uk. The lawsuit was dismissed after a judge in the U.S. District Court for the Central District of California said that Mr. Eldens lawyers missed a deadline to respond to a motion for dismissal by the lawyers for Nirvana. Follow us on Facebook, or on Twitter @BBCNewsEnts. From Nirvana to 'weightless worlds': How photos evolved underwater, Elden told CNN in 2008: Rumor had it that Cobain had the original concept of wanting to show a mother giving birth under water. Elden added: But the compromise was to have a baby swimming under water. I would never go up to anyone wearing a Nirvana T-shirt and say, Hey, thats me, but I was once recognised on a bridge in Venice when I was there for the Biennale. The judge dismissed the case with leave to amend meaning Elden and his lawyers have until Jan. 13 to refile the case. 2023 CNBC LLC. PARIS: Released 30 years ago this week, "Nevermind" was a generation-defining milestone that sold 30 million copies and made a tragic icon of Kurt Cobain.Ranked the most influential band of all time by US magazine Spin last year, Nirvana's ethos continues to reverberate in artists as varied as Billie Eilish, Lana Del Rey and Frank Turner. Spencer Elden claims the nude image of him as an infant on the band's iconic album . was picked from among dozens of pictures of babies Mr. Weddle photographed. Hopefully this description was apt enough to satiate your appetite for juicy details. Sign up for free newsletters and get more CNBC delivered to your inbox. It is weird being part of such a culturally iconic image, because I didnt really have anything to do with it. I said to the photographer, Lets do it naked. But he thought that would be weird, so I wore my swim shorts, Elden tells The New York Post. Britney Spears conservatorship case prompts bill in Congress. VideoIsabel Oakeshott: Why I leaked minister's messages, How 10% of Nigerian registered voters delivered victory, Sake brewers toast big rise in global sales, The Indian-American CEO who wants to be US president, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip. At the time, he said he wanted to pose nude, but the photographer "thought it would be weird.". When she was young, she says she had some sort of vision that her baby was going to be everywhere. 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 . Always found that album cover odd regardless. Eldens decision to not sue these defendants for the past 30 years, despite his decades-long knowledge of their same and unvaried conduct, is dispositive of his claim. A California judge on Monday tossed a lawsuit filed against Nirvana by the man who appeared as a naked baby on the cover of their breakthrough album Nevermind.. of water births but they were too graphic for the record company. Does it bother anyone else? Ms. Mabie said his parents never authorized consent for how the images would be used. 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