NIRVANA - Man Photographed As Baby On Nevermind Cover Revives Lawsuit
January 13, 2022, 2 years ago
Rolling Stone is reporting that the man pictured as the naked baby on Nirvana’s Nevermind album cover has revived his “child pornography” lawsuit against the band after it was dismissed by a federal judge in California last week.
Spencer Elden filed his second amended complaint late Wednesday, meeting a deadline set by Judge Fernando M. Olguin to reinstate the claims. The judge previously tossed the case Jan. 3 on the grounds Elden had failed to respond to a motion to dismiss filed by Nirvana and the other defendants last month.
In his new filing, Elden, now 30, drops his claim related to sex trafficking after Nirvana’s lawyers argued the alleged trafficking of Elden occurred before lawmakers made it possible for victims to sue using the federal sex-trafficking-of-children statute.
But Elden re-ups his other claims alleging Nirvana - as well Kurt Cobain’s estate, photographer Kurt Weddle, and various record labels - “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.”
Read more at Rolling Stone.