The picture, taken at the Rose Bowl Aquatics Center in Pasadena, California, would be used that year for the cover of Nevermind, Nirvana’s seminal second album that helped define Generation X and rocketed the Seattle band to international fame. The labels responsible for the album’s release, including Universal Music and Geffen Records, were also named. Spencer Elden was 4 months old when he was photographed by a family friend in 1991 drifting naked in a pool. The original lawsuit was filed in August 2021, with Elden seeking $150,000 (£112k) in damages from Dave Grohl, Krist Novoselic, the estate of Kurt Cobain, album artwork photographer Kirk Weddle and designer Robert Fisher. “As to the right of privacy, you can waive it by your actions or by his parents’ actions in allowing him to be photographed,” he explained.Įlsewhere in the recent statement from Nirvana’s reps, it was noted that Elden had recreated the ‘Nevermind’ cover photo on more than one occasion and has the record’s title tattooed on his chest. By Chris Willman DGC A jury has yet to vote, if the case should make it to court, on whether the former members of Nirvana and their associates sexually exploited a child by putting an unclothed. The record label prepared an alternate cover without the penis. According to Variety, last year, Spencer Elden, the baby pictured naked on the front of the album, sued a number of individuals and companies associated with the. This can be seen in how he recreated the picture for not one, not two, not three, but four of the. Washington US, January 4 (ANI): A judge has dismissed the lawsuit filed against the surviving members of Nirvana over the cover image of their iconic album ‘Nevermind’. For example, some of Elden’s actions have seemed celebratory in nature. Over the course of his life, he has shown mixed thoughts about the use of his baby picture for said purpose. Entertainment litigation partner Bryan Sullivan told The Hollywood Reporter that there being no release form, as Elden claims, “does not mean he has a claim for child pornography”. The Nevermind album cover shows a baby swimming toward a US dollar bill on a fishhook. Spencer Elden was the baby used for the Nevermind album cover. “Failure to timely file a Second Amended Complaint shall result in this action being dismissed without prejudice for failure to prosecute and/or failure to comply with a court order,” the ruling said.Ī number of legal experts previously said they believed the case was likely to be dismissed. 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.
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