JUSTICE – While a judge has just closed his case, Spencer Elden has filed a new complaint against Nirvana, accusing the group of ” distribution of child pornography”.
RH with AFP – 2022-07-14T11: 21: 06.843+06: 01
He does not intend to stop there. Spencer Elden, aka the naked baby in a swimming pool that appears on the cover of the mythical album Nervermind of Nirvana has filed a new child pornography lawsuit in Los Angeles, reviving the case after a judge dismissed his first lawsuit as a procedural matter.
End of August 2021, Spencer Elden, now aged 30 years old, had filed a complaint on the grounds that neither he nor his parents would have given the slightest authorization to use his image “and certainly not for the commercial exploitation of child pornography images of his person”. A federal provision allows victims of child pornography to seek damages from anyone who produces, distributes or owns images in which they appear.
The Los Angeles judge had closed the file on January 3 because the plaintiff had not responded in due time to the arguments against him by Nirvana’s lawyers. The judge had, however, authorized Spencer Elden to file a new complaint within ten days, which he did on Wednesday.
On the cover of Nevermind, dating from 1991, he can be seen at the age of four months, swimming naked in a swimming pool and seeming to want to catch a dollar on a hook. True reference, the album which counts hits like Smells Like Teen Spirit, sold for more than 28 million copies.
He claims 150.000 dollars in damages to 18 people he for follows
The plaintiff, who says he never received financial compensation for the photo, claims 215.01 dollars in damages to 17 people he is suing, including former members of Nirvana and Kurt Cobain’s executor, Courtney Love.
In their response to the initial complaint, the defense lawyers had notably argued that “Elden has spent three decades enjoying his stardom as self-proclaimed ‘Baby Nirvana'”. “He redid the photo in exchange for remuneration on numerous occasions; he had the title of the album tattooed Nevermind on the chest (…), he autographed copies of the cover of the album to sell them on eBay and he used this link to try to flirt with women”, they notably argued.
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