![]() ![]() The lawsuit alleges Cobain, Novoselic and Grohl purposefully chose the image of Elden with his penis visible, reaching for a dollar bill dangling from a fishhook "like a sex worker."Įlden also claims the band continues to reproduce, distribute and advertise the allegedly pornographic image, citing the 30th-anniversary release of "Nevermind" in September 2021, which contained the same explicit cover. "During the 10 years preceding the filing of this action, each Defendant intentionally commercially marketed the child pornography depicting Spencer and leveraged the lascivious nature of his image to promote the 'Nevermind' album, the band, and Nirvana’s music, while earning, at a minimum tens of millions of dollars in the aggregate," the lawsuit alleges.Įlden asks for a trial by jury and $150,000 from each of the 17 defendants, including former Nirvana members along with Cobain's widow and estate executor, Courtney Love, the album's photographer and designer, and record companies Universal Music Group, Geffen, Warner and MCA Music. ![]() Related: Judge grants motion to dismiss Nirvana 'Nevermind' baby child pornography lawsuit Olguin and Nirvana's representatives for comment.īackground: Man who appeared on Nirvana's 'Nevermind' cover renews plea to remove his genitalia from album art USA TODAY has reached out to U.S. District Judge Fernando M. "Spencer's image constitutes child pornography and each of the Nirvana Defendants robbed our client of his dignity and privacy."Įlden's refiled lawsuit, obtained by USA TODAY Thursday, once again names band members Dave Grohl, Chad Channing, Krist Novoselic and the late Kurt Cobain, whom Elden accuses of knowingly producing, possessing and advertising "commercial child pornography" when they put a nude photo of him as a baby on the "Nevermind" album cover.Įlden's attorneys allege he "will continue to suffer damages as long as the violations described above persist." "This unprecedented album cover is perhaps the first and only time a child's full-frontal nudity has been used to sell a product," Elden's attorneys said in a statement. The reopened and amended lawsuit, filed Wednesday, includes new "images and materials which reveal the 'Nevermind' creators' deliberate choices to commercialize and exploit the sexually explicit photo lasciviously depicting Spencer's genitals," Elden's attorneys said in a press release obtained by USA TODAY. District Court in August, Elden's legal team was granted "one last opportunity" to file an amended version by Thursday. ![]() 4 to dismiss Elden's child pornography lawsuit, first filed in U.S. Spencer Elden, the man who appeared on Nirvana's iconic "Nevermind" album cover as a baby, has reignited his legal battle against the seminal grunge band, alleging the image "constitutes child pornography."Īfter a California judge granted a motion Jan. Watch Video: Nirvana 'Nevermind' baby, now 30, sues band for child pornography ![]()
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