Nirvana: Court revives case over naked baby Nevermind album cover | World News

December 22, 2023
40 Views


A lawsuit accusing legendary rock band Nirvana of publishing child sexual abuse images by using a picture of a naked four-month-old baby on an album cover has been revived.

The 9th US Circuit Court of Appeals overturned a lower court’s ruling that Spencer Elden, the baby on the cover of Nevermind, had waited too long to bring his case forward.

However, the court did not address whether the cover constitutes child sexual abuse or not.

“This procedural setback does not change our view,” Nirvana lawyer Bert Deixler said on Thursday, adding they will defend this “meritless case with vigour”.

Nevermind
Image:
Part of the picture on the Nevermind cover

Mr Elden’s lawyer, Robert Lewis, said his client is “very pleased” with the decision and “looks forward to having his day in court”.

A judge in Los Angeles said last year that Mr Elden’s lawsuit must be dismissed as he did not sue within a 10-year period after learning of the cover.

But the appeals court concluded he could still sue based on Nirvana’s republication of the cover more recently, including in a re-released version of Nevermind from 2021.

Kurt Cobain of Nirvana on stage in December of 1993. Pic: AP/Scott Weiner / MediaPunch /IPX
Image:
Kurt Cobain of Nirvana on stage in December of 1993. Pic: AP/Scott Weiner / MediaPunch /IPX


The panel found that each republication of an image “may constitute a new personal injury”.

The lawsuit stems from Nirvana’s use of a photo taken by Kirk Weddle at the Pasadena Aquatic Centre in California, which depicts Mr Elden swimming naked towards a dollar bill on a fish hook.

Mr Elden, now 32, accused the band and its label Universal Music Group of sexually exploiting him through his depiction on the album cover and causing him continuing personal harm.

Other defendants include surviving Nirvana members Dave Grohl and Krist Novoselic, late lead singer Kurt Cobain’s widow Courtney Love and photographer Mr Weddle.

Others associated with the record were also named, and he was seeking $150,000 (£109,000) in damages in 2021.

Read more:
Smashed Kurt Cobain guitar sells for almost £500,000
Nevermind was the ‘reinvention of rock’

The album artwork is seen by many as the band making a statement on capitalism, with the photo digitally imposed to include the dollar bill on a fishhook to make it look like Elden was trying to grab it.

It is widely considered one of the greatest album covers of all time.

In the original complaint, lawyer Mr Lewis said the depiction of the baby reaching for the dollar bill makes Elden look “like a sex worker”.

The lawsuit also alleged that the band failed to uphold a promise to cover his exposed genitals with a sticker.



Spread the love

You may be interested

Senate passes Ukraine aid, Israel funding and path to TikTok ban, sending bill to Biden’s desk
World
shares4 views
World
shares4 views

Senate passes Ukraine aid, Israel funding and path to TikTok ban, sending bill to Biden’s desk

Rajendran Achuthan - Apr 24, 2024

[ad_1] WASHINGTON — The Senate on Tuesday overwhelmingly passed a $95 billion package to provide critical aid to Ukraine and…

FBI director warns of TikTok’s danger
Business
shares6 views
Business
shares6 views

FBI director warns of TikTok’s danger

Rajendran Achuthan - Apr 24, 2024

[ad_1] IE 11 is not supported. For an optimal experience visit our site on another browser.Heartbreak and hope as Gaza…

Rick Ross Drops Video for Drake Diss ‘Champagne Moments’: Watch
Music
shares6 views
Music
shares6 views

Rick Ross Drops Video for Drake Diss ‘Champagne Moments’: Watch

Rajendran Achuthan - Apr 24, 2024

[ad_1] Rap star dropped "Champagne Moments" after Drake released the Kendrick Lamar (and others) diss track "Push Ups" Rick Ross…

Leave a Comment

Your email address will not be published.