“He has been fully aware of the facts of both the supposed ‘violation’ and ‘injury’ for decades.”Īdditionally, the estate asserts that Elden’s lawsuit, if successful, would then criminally implicate every owner of Nevermind. “Elden’s claim that the photograph on the Nevermind album cover is ‘child pornography’ is, on its face, not serious,” the band wrote. “A brief examination of the photograph, or Elden’s own conduct (not to mention the photograph’s presence in the homes of millions of Americans who, on Elden’s theory, are guilty of felony possession of child pornography), makes that clear. “Long 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,” the statement said. John Chapple/Splash News The naked swimming baby from the cover of the groundbreaking Nirvana album Nevermind re-enacted the image for the record’s 25th anniversary this time wearing clothes. An Australian cyclist has celebrated the 30th anniversary of Nirvana ’s ‘Nevermind’ by recreating the famous cover art using GPS tracking. The suit is valid only 10 years from the point that a victim “reasonably discovers” it, and the estate claims that Elden was familiar with the photograph’s notoriety before 2011, when Elden was 20 years old. Nirvana baby recreates iconic album cover 25 years later By Natalie ONeill September 23, 2016, 6:43pm Spencer Elden poses with the album art. In a statement last month, the Nirvana estate maintained that not only has Elden profited from his role in the album’s cover art but that the statute of limitations for a federal child-pornography lawsuit has almost certainly already expired. 13 deadline, Elden will not be able to file again. 13 to file a second complaint, at which time, according to paperwork viewed by Spin, the court will “grant defendants’ motion and give plaintiff one last opportunity to amend his complaint.” The Nirvana estate then has until Jan. 30 deadline to file an opposition to the Nirvana estate’s request. Olguin ruled that the case be dismissed on the grounds that Elden’s legal team failed to meet a Dec. The lawsuit from August claimed that the band “knowingly produced, possessed and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so.”
A district court judge in California has dismissed a child-pornography lawsuit filed by Spencer Elden, who was photographed as a baby for the cover of Nirvana’s 1991 album, Nevermind. ponder said: A judge in California has dismissed a lawsuit against Nirvana made by Spencer Elden, who appeared as a naked baby on the cover of their album Nevermind. The man who was photographed naked underwater as a baby and later ended up on Nirvanas iconic 'Nevermind' album cover filed a lawsuit Tuesday alleging he was a victim of child pornography.
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