Nirvana Hits Back at Spencer Elden in Nevermind Cover Art

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Nevermind Cover Art Lawsuit”,”mainEntityOfPage”:”https://www.spin.com/2021/12/nirvana-baby-lawsuit-spencer-elden/”,”datePublished”:”2021-12-23T11:45:02-05:00″,”dateModified”:”2021-12-23T14:10:03-05:00″,”description”:”Spencer Elder sued Nirvana for alleged child pornography for featuring him on ‘Nevermind’ cover in 1991. They hit back in a new statement”,”articleSection”:”News”,”articleBody”:”Remember when Spencer Elden, the baby pictured on the cover of Nevermind, sued u00a0Nirvanau00a0alleging u201ccommercial sexual exploitationu201d of a minor? The case elicited groans and outrage from Nirvana fans, but the band didn’t issue a statement on the case until now. According to Billboard, on Wednesday in a new filing at U.S. District Court in Central California, the Nirvana estate fired back at Elden and the case. u201cElden has spent three decades profiting from his celebrity as the self-anointed u2018Nirvana Baby,u2019u201d the band’s estate said in the filing. They also stated that the statute of limitations for the suit expired over a decade ago. u201cBut the Nevermind cover photograph was taken in 1991. It was world-famous by no later than 1992,u201d the filing said. u201cLong before 2011, as Elden has pled, Elden knew about the photograph, and knew that he (and not someone else) was the baby in the photograph. He has been fully aware of the facts of both the supposed u2018violationu2019 and u2018injuryu2019 for decades.u201d The Nirvana estate also argued that this isn’t a case of child pornography. u201cEldenu2019s claim that the photograph on the Nevermind album cover is u2018child pornographyu2019 is, on its face, not serious,u201d the Nirvana estate also said. u201cA brief examination of the photograph, or Eldenu2019s own conduct (not to mention the photographu2019s presence in the homes of millions of Americans who, on Eldenu2019s theory, are guilty of felony possession of child pornography) makes that clear.u201d The initial suit filed by Elden came a month before Nevermind’s 30th anniversary. In the suit, Elden alleged that as a four-month-old baby, he could not give permission for his image to be used on the cover and that his legal guardians didnu2019t give consent for its use either. Elden also claimed that he u201chas suffered and will continue to suffer lifelong damagesu201d as a result of the cover. He also alleges that the defendants u201cknowingly benefited and continue to benefit from their participation in Spenceru2019s commercial exploitation.u201d Eldenu2019s attorneys, Margaret Mabie, Robert Y. Lewis, and James Marsh of the Marsh Law Firm, issued the following statement to SPIN: Elden is seeking $150,000 from each party named in the suit. “In 1991, Nirvana exploited Spenceru2019s inability to consent as an infant, and today, the band and Universal Music Group (UMG) continue to prioritize profits over our client Spencer Eldenu2019s right to consent, to have privacy, and to feel dignity. Nirvana and UMGu2019s motion to dismiss focuses on their past conduct and ignores their ongoing distribution, especially with the 30-year Nevermind anniversary and profit margins. We cannot continue to ignore is that the image of Elden, at four months old, is actively distributed and constitutes the legal definition of child pornography according to the Dost factors. Child pornography is a “forever crime” u2013 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. 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. u201cMashau2019s Law or 18 USC 2255 makes it clear that the statute of limitations restarts claims each time UMG reproduces, distributes, or possesses Spenceru2019s Nirvana cover image. Similarly, the statute of limitations on the 18 USC 1595 claims restart each time any defendant receives any u201cthing of valueu201d for the image. For the argument on the statute of limitations to hold water, Nirvana and UMG would have had to cease distribution of, and forfeit profits from, the image in August of 2011. They are welcomed to do so today forward.” In the past, Elden expressed hisu00a0approvalu00a0andu00a0dismay about being associated with the iconic cover.”,”keywords”:”Nirvana, “,”name”:”Nirvana Hits Back at Spencer Elden in Nevermind Cover Art Lawsuit”,”thumbnailUrl”:”https://static.spin.com/files/2021/06/GettyImages-86100194-1607224696-1623774701-160×160.jpg”,”wordCount”:”606″,”timeRequired”:”PT2M41S”,”mainEntity”:{“@type”:”WebPage”,”@id”:”https://www.spin.com/2021/12/nirvana-baby-lawsuit-spencer-elden/”},”author”:{“@type”:”Person”,”name”:”Daniel Kohn”,”description”:””,”url”:”https://www.spin.com/author/daniel_kohn/”,”sameAs”:[“danielkohn”],”image”:{“@type”:”ImageObject”,”url”:”https://secure.gravatar.com/avatar/e5457f44191bb648918d15ecfd90d00e?s=96&d=mm&r=g”,”height”:96,”width”:96}},”editor”:{“@type”:”Person”,”name”:”Daniel Kohn”,”description”:””,”url”:”https://www.spin.com/author/daniel_kohn/”,”sameAs”:[“danielkohn”],”image”:{“@type”:”ImageObject”,”url”:”https://secure.gravatar.com/avatar/e5457f44191bb648918d15ecfd90d00e?s=96&d=mm&r=g”,”height”:96,”width”:96}},”publisher”:{“@type”:”Organization”,”name”:”SPIN”,”url”:”https://www.spin.com”,”logo”:{“@type”:”ImageObject”,”url”:”https://static.spin.com/files/2021/09/Logo-SPIN.svg”,”width”:”596″,”height”:”300″}},”image”:[{“@type”:”ImageObject”,”@id”:”https://www.spin.com/2021/12/nirvana-baby-lawsuit-spencer-elden/#primaryimage”,”url”:”https://static.spin.com/files/2021/06/GettyImages-86100194-1607224696-1623774701-scaled.jpg”,”width”:”2560″,”height”:”1830″}]}] ]]> Scroll to Top 0) { bandsInTownArtist = $($tagValue[0]).text(); } } })( jQuery ); ]]> 0||rocketlazy_count>0){lazyLoadInstance.update()}});var b=document.getElementsByTagName(“body”)[0];var config={childList:!0,subtree:!0};observer.observe(b,config)}},!1)]]>

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