Spencer Elden was an infant when he was photographed naked by a family friend for the cover of Nirvana's Nevermind album cover. He has re-enacted the photograph in exchange for a fee, many times; he has had the album title tattooed across his chest; he has appeared on a talk show wearing a self-parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women, the lawyers argued. Apparently the "baby" is suing calling it child pornography. The cover depicts Elden as a four-month-old in a swimming pool, grasping for a dollar bill that's being dangled in front of him on a fishing line. The judge dismissed the case with leave to amend meaning Elden and his lawyers have until Jan. 13 to refile the case. That baby was Spencer Elden . The lawyers for Nirvana said that Mr. Elden used his fame from the photo to pick up women and benefited financially from the album cover. Spencer Elden, who appears naked as a baby on the cover of Nirvana's 1991 album Nevermind, is suing the band for alleged child exploitation and pornography. Mr. Elden said he was referred to managers and lawyers. Elden, 30, is seeking $150,000 in damages from each of the 15 defendants named, which include Nirvana, Warner Records, Universal Records, band members Dave Grohl and Krist Novoselic, Courtney Love (as the executor of Kurt Cobain's estate), Guy Oseary and Heather Parry (as managers of Cobain's estate). A brief examination of the photograph, or Eldens own conduct (not to mention the photographs presence in the homes of millions of Americans who, on Eldens theory, are guilty of felony possession of child pornography), makes that clear., Instead, they said, the photograph evokes themes of greed, innocence and the motif of the cherub in Western art.. The typical child pornography that is being seen in law enforcement and pursued in the courts can be violent. Non-consensual non-therapeutic circumcision is not ethical. He claimed that they, along with Geffen Records, which released Nevermind, profited from his naked image. Now, 30 years later, he is suing the band, alleging that he was "sexually exploited" as a minor. But in the lawsuit, Mr. Elden said he had suffered permanent harm because of his association with the album, including emotional distress and a lifelong loss of income-earning capacity.. ), Roots Picnic 2023 Has Ms. Lauryn Hill, Diddy, Dave Chappelle, & Lil Uzi Vert. Accordingly, plaintiffs action will be dismissed without leave to amend, said Fernando M. Olguin, United States District Judge for the Central District of California, in a ruling obtained by CNN. Best thing about being raised up into Catholicism tbh. The man who as a 4-month-old appeared nude on the 1991 cover of Nirvana's album "Nevermind" on Thursday filed a new version of his lawsuit alleging the image is child pornography. Sign up for free newsletters and get more CNBC delivered to your inbox. It is one of the best-selling records of all time, with at least 30 million copies sold worldwide. Ontario begins lockdown: schools, gyms, indoor dining clos 11-year-old reads aloud from 'pornographic' book he checked out from library at school board meeting, Canadian teacher with size-Z prosthetic breasts placed on paid leave, Mike McCarthy shreds ex-Cowboys coordinator after firing, 2023 Billboard Women in Music Awards: Lana Del Ray, Kim Petras, & more, RHOA star Drew Sidora accuses ex Ralph Pittman of cheating, mental abuse, Original Gone With The Wind script reveals secret war over slavery, cut scenes, Good luck 'worming' your way out of this one, Sunny Hostin Points Finger at China for COVID Crisis: Did Not Cooperate With the International Community, Kanye West and 'wife' Bianca Censori look surprisingly happy on dinner date. Lawsuit by Nirvana baby smells like 'Green Spirit'. "It's hard not to get upset when you hear how much money was involved," he continued. Spencer Elden, who was featured as a naked baby on a Nirvana album's cover art, is now suing the band for alleged "commercial child sexual exploitation." Chris Cuomo isn't buying it. He is a huge music connoisseur: when he heard I was the Nirvana baby, he thought that was really cool.". A judge has dismissed a lawsuit against Nirvana made by Spencer Elden, who appeared as a naked baby on the cover of the band's classic 1991 album Nevermind, Spin magazine reports. Image shown is a cropped version. 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Both its content and artwork were heralded as seminal rock works, but three years after its release, Nirvanas frontman, Kurt Cobain, died by suicide in Seattle and the remaining members subsequently disbanded. Nirvana and Kurt Cobain's Estate Accused of Child Pornography By Baby Pictured on 'Nevermind' Cover Woman Who Previously Accused Snoop Dogg of Sexual Assault Refiles Lawsuit After Dropping It. The lawsuit was filed in August against the estate of Kurt Cobain; the musicians former bandmates, David Grohl and Krist Novoselic; and Mr. Cobains widow, Courtney Love, among other parties. With circumcision scars all healed up and pubic hair grown in to accent his piece, this is one beautiful cock were talking about now (and the balls dropped quite nicely to boot). In a complaint filed. In his initial lawsuit filed last August, Elden claimed the band along with co-defendants including Universal Music Group, the David Geffen Company, Courtney Love as executor of Kurt Cobains estate and photographer Kirk Weddle intentionally leveraged the shocking nature of his image as a naked 4-month-old baby swimming toward a dollar bill on a fishhook to make millions of dollars at his expense.. Two months after that, NPR's article said, "Geffen Records sent 1-year-old Spencer Elden a platinum album and a teddy bear". This lawsuit is not a typical child pornography case, said Mary Graw Leary, a professor at the Columbus School of Law at the Catholic University of America. The representatives for Mr. Cobains estate did not immediately respond to a message seeking comment. You know that pathetic isn't it. Elden has recreated the image at times during his adulthood, but he also suggested in interviews that he felt uncomfortable about the album covers popularity. Kurt Cobain, Krist Novoselic, and Dave Grohl of Nirvana backstage in Tokyo on December 19, 1992. Its not a case with easy answers.. Chan k'chang: 25 years of Nevermind. Since we were unable to legally obtain a picture of the much talked about penis, it is our duty to briefly describe what youre missing out on. In a . He claims he "has suffered and will continue to suffer lifelong damages" as a result of the artwork, including "extreme and permanent emotional distress" as well as "interference with his normal development and educational progress" and "medical and psychological treatment". It is as simple as that.. What amazes me is cheese jokes are ignorant hate or is it ignorance of the normal and fully functional penis. Anyone can read what you share. When she was young, she says she had some sort of vision that her baby was going to be everywhere. Its amazing what 25 years and puberty will do to a persons genitalia. The album turned 25 years old yesterday, and to commemorate its silver. The baby featured on NIRVANA's iconic 'Nevermind' album cover has filed a lawsuit against the band. Ive heard that originally the band wanted the image to be of a woman giving birth under water, but the record company thought that would be too graphic. Voices Nevermind the lawsuit - maybe the Nirvana baby deserves more than a dollar now he's a grown-up? Spencer Elden, who was photographed nude as an infant and appears on the cover of Nirvana's "Nevermind" album, is suing the band over the image. Global Business and Financial News, Stock Quotes, and Market Data and Analysis. In terms of girth and length, the difference is absolutely astounding. For example, he worked with Shepard Fairey, the artist who was sued by The Associated Press for using an image of Barack Obama for his piece Hope.. Nirvana Nevermind child pornography lawsuit dismissed by judge Spencer Elden, who was photographed naked as a baby for the Nevermind album cover, missed his deadline to file an opposing. A federal court in California has dismissed a lawsuit alleging that the cover artwork of rock band Nirvana's 1991 album " Nevermind " constituted child pornography. It helps with girls, too. In the filing, Elden's lawyer claims the image constitutes child pornography, violating federal laws. Got a confidential news tip? Nevermind is the second studio album by the American rock band Nirvana, released on September 24, 1991, by DGC Records.It was Nirvana's first release on a major label and the first to feature drummer Dave Grohl.Produced by Butch Vig, Nevermind features a more polished, radio-friendly sound than the band's prior work. The album artwork depicts 4-month-old Elden underwater in a swimming pool with his arms reaching out, grasping for . Word Brothel is dedicated to bringing you the best, Our website uses cookies to provide you the best experience. appreciated. "Nevermind," which celebrated its thirtieth anniversary last year, was released in 1991. This case must end, the lawyers wrote in their motion obtained by Rolling Stone. That part of the law gives a bit more discretion to the court, she said. At the time, he said he wanted to pose nude, but the photographer "thought it would be weird.". Man pictured on Nirvana's 'Nevermind' album files new complaint in child pornography lawsuit. When she was young, she says she had some sort of vision that her baby was going to be everywhere. Eldens claim that the photograph on the Nevermind album cover is child pornography is, on its face, not serious, Nirvanas lawyers said. Gorillaz Movie Canceled Amid Netflix Animation Purge, Says Damon Albarn, The Rolling Stones Reportedly Prepping New Album Featuring Paul McCartney And Ringo Starr, King Gizzard Cancel Bluesfest Appearance In Protest Against Sticky Fingers Booking, The Number Ones: Justin Timberlakes My Love (Feat. A Division of NBCUniversal. I would never go up to anyone wearing a Nirvana T-shirt and say, Hey, thats me, but I was once recognised on a bridge in Venice when I was there for the Biennale. Your effort and contribution in providing this feedback is much "It's always been a positive thing and opened doors for me," he told the Guardian six years ago. As a subscriber, you have 10 gift articles to give each month. On Monday evening, Judge Fernando M. Olguin, who was presiding over the case at the U.S. District Court in. Representatives for Mr. Grohl, Ms. Love, and Geffen Records, which is now part of Universal Music Group, did not respond to messages. Why am I still on their cover if Im not that big of a deal? he said. Always found that album cover odd regardless. Updated He said the missed deadline was a result of confusion over how much time they had to respond to the motion for dismissal. I have an extremely rare disease called FOP where my muscles, tendons and ligaments turn into bones. For Elden, this is strike three. This Lonely, Work Obsessed Mortician Forgot The Word For Living Cadavers, Newborn Kind Of Glad He Ate Twin In Womb After Emerging To Baby Formula Shortage. According to the lawsuit, Nirvana sold more than 30 million copies of "Nevermind.". A judge in California has dismissed a lawsuit filed against former band members of Nirvana over their iconic Nevermind album cover. Man shown as a baby on Nirvana's Nevermind album appeals ruling in band's favor. Spencer Elden, the man who appears on Nirvana's "Nevermind" album as a nude baby, is suing the band alleging the photo is child pornography. My mum has a crazy story. By Alyssa Rosenberg. Not that I would've been able to articulate it properly at 13 but I was aware it (MGM) was an awful thing to do to a sweet little baby. So they compromised with this idea of a baby swimming after a dollar. In their motion to dismiss, the lawyers for Nirvana said that Mr. Eldens lawsuit failed to meet the statute of limitations to file a complaint citing a violation of federal criminal child pornography statutes. Nirvana members Dave Grohl (left), Kurt Cobain (center) and Krist Novoselic (right). In 2008, Spencer's father Rick recounted the photo shoot to US radio network NPR, saying he had been offered $200 to take part by Weddle, who was a family friend. The Hispanic population has always lowered the rate. In a different interview that year, he said he was angry that people still talked about it. We want to hear it. Thus locking my body into place permanently. They were trying to create controversy because controversy sells, Ms. Mabie said. All Rights Reserved. A California judge on Monday tossed a lawsuit filed against Nirvana by the man who appeared as a naked baby on the cover of their breakthrough album Nevermind.. The album cover is less than flattering for young Spencer Elden, former nude child model, but in his defense, he was in a cold swimming pool and shrinkage is a scientific fact. 2023 Cable News Network. Nirvana's album Nevermind has reached its 30th anniversary and is under more scrutiny than ever as a result of a lawsuit recently filed by the former cover-star.. Spencer Elden, the underwater . We remember the cover art - a clearly circumcised baby boy, swimming in pursuit of a dollar bill dangled in front of him - but what . The permanent harm he has proximately suffered includes but is not limited to extreme and permanent emotional distress with physical manifestations, interference with his normal development and educational progress, lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at trial of this matter, Edens complaint said. The album cover shows Elden, now 30, as . Is there a source? Over the weekend, U.S. District Judge Fernando Olguin dismissed the lawsuit which alleged child pornography filed by Spencer Elden . A California judge on Monday tossed a lawsuit filed against Nirvana by the man who appeared as a naked baby on the cover of their breakthrough album "Nevermind." Spencer Elden, now 30, filed. I'm just asking the band to do what they should have . Nothing can sink Nirvana. Defendants knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so, according to the lawsuit, which was filed on Tuesday in federal court in California. Get this delivered to your inbox, and more info about our products and services. 10:45 AM PT-- 8/25 -- Elden tells TMZ ."Nirvana exploited me when I was a baby to sell their music, but there is a person behind every image. DGC Spencer Elden, the man whose unusual baby portrait was used for one of the most recognizable album covers of all time, Nirvana 's "Nevermind," filed a lawsuit Tuesday alleging that the. The red dried fruit ends just can't imagine what a normal penis is. The cover depicts Elden as a four-month-old. In HS 1961, I saw one guy other than myself who was normal. In other interviews, he has been more upbeat about the image. Yes, groups like Cock Fight are combing humor with anti-male genital mutilation messages. Bothers me that the kid's dick is visible at all. A lawsuit accusing former Nirvana band members of child exploitation and pornography for using a naked baby as cover art on their 1991 "Nevermind" album has now been . I lost 95% of my body's movement. As a subscriber, you have 10 gift articles to give each month. NIRVANA 'Nevermind' Baby Lawsuit Dismissed For Final Time September 3, 2022 According to Rolling Stone, a judge has dismissed the third version of the lawsuit against NIRVANA filed by the. Nirvana is being sued by the man whose naked baby picture was used on the cover of 'Nevermind,' claiming use of the pic was child sexual exploitation. Read about our approach to external linking. I dont think my parents really gave my taking part in this shoot too much thought. Spencer Elden says he has grown increasingly uncomfortable with how he came to be on the cover of Nevermind. This picture was taken in 2016 at the same pool, when he and the record were both 25. was picked from among dozens of pictures of babies Mr. Weddle photographed. The law does not pick between children who immediately denounce their abusers and children who initially were dismissive about what happened to them, she said. Eldens claim that the photograph on the Nevermind album cover is child pornography is, on its face, not serious, they wrote. Five shots resulted and the band settled on the image above. Hopefully this description was apt enough to satiate your appetite for juicy details. It spoke to Kurt . All Rights reserved. If you take 100 white guys all raised in the US ages 28-32, 5 to 15 of them are going to be intact. Head to shaft size ratio: perfect. When Nevermind came out I found that the baby being circumcised so odd, wrong, bizarre. "He feels that everybody made money off it and he didn't," the photographer said. The man who was pictured as a baby on the cover of an iconic Nirvana album is appealing his lawsuit against the . The legal case also alleges that Nirvana had promised to cover Elden's genitals with a sticker, but the agreement was not upheld. CNN Sans & 2016 Cable News Network. [Having an emotional breakdown talking about my disease. The point was not just to create a menacing image but to cross the line and they did so in a way that exposed Spencer so that they could profit off of it., She said her client sometimes agreed when the band, media outlets and fans asked him to recreate the photo as an adult, but he eventually realized that this only resulted in the image of him as a baby being further exploited.. Mr. Elden, an artist living in Los Angeles County, has gone to therapy for years to work through how the album cover affected him, said Maggie Mabie, one of his lawyers. Judge Fernando M. Olguin said that Mr. Eldens lawyers had until Jan. 13 to file a second amended complaint to address the alleged defects in the defendants motion to dismiss. We all remember the cute baby diving in a pool chasing a dollar bill on Nirvana's album cover for Nevermind. Published Jan 5, 2022. Now that baby is all grown up and, believe it or not, so is his penis. Not that I would've been able to articulate it properly at 13 but I was aware it (MGM) was an awful thing to do to a sweet little baby. In the decades that followed, Mr. Elden appeared to celebrate his part in the classic cover, recreating the moment for the albums 10th, 17th, 20th and 25th anniversaries, though not naked. I don't even like the fact that it has a naked baby in the first place, so that alone bothers me. Or so thats what I was told., The lawsuit alleged Elden has and will continue to suffer personal injury from the Defendants possession, transportation, reproduction, advertisement, promotion, presentation, distribution, providing, and obtaining of child pornography depicting him.. It was recorded at Sound City Studios in Van Nuys, California, and Smart . Press J to jump to the feed. Kinda feel sorry for the kid for having parents who cut him, but not much else tbh. He is asking for damages of at least $150,000 (109,000) from each of the 15 defendants, who include surviving band members Dave Grohl and Krist Novoselic; the managers of Kurt Cobain's estate; Cobain's former wife Courtney Love; and photographer Kirk Weddle. The man pictured as the naked baby on Nirvana 's Nevermind album cover has revived his "child pornography" lawsuit against the band after . The world is truly blessed with this particularly wonderful prick. Eldens lawyer told CNN he plans to appeal the dismissal. Idont know how anyone would recognise me. I dont tell them its me, and my friends boast about it more than I do. The baby whose image was used on the iconic cover artwork for Nirvana's 1991 album Nevermind has filed a lawsuit against the band, alleging the photograph constituted child pornography. He also alleges the nude image constitutes child pornography. Spencer Elden, who was pictured naked as a baby on the cover of Nevermind, said Nirvana had engaged in child pornography.. 2023 NYP Holdings, Inc. All Rights Reserved, Hindu, Buddhist leaders complain about very painful NY beer, Smells like more court dates: Nirvana cover baby appeals judges child porn dismissal, No apologies: Judge tosses Nevermind babys child porn case against Nirvana, Kurt Cobains Smells Like Teen Spirit guitar could nab $800K at auction, claimed the artwork constituted child sexual abuse. The album, which included the hits Smells Like Teen Spirit, Come As You Are and Lithium, went on to sell 30 million copies around the world. So I was the right age to be into Nirvana. In the original complaint, filed August 24, 2021, Eldens attorneys said the image was pornographic and that he has suffered lifelong damages as a result of his involvement. She started having my picture taken as a baby and giving it away as fridge magnets to friends.. 2023 CNBC LLC. August 30, 2021 at 10:59 a.m. EDT. The man who was pictured as a baby on the cover of Nirvana's Nevermind album has revived his lawsuit against the band after his initial complaint was dismissed by a judge. If he misses the deadline, the case will be dismissed without prejudice and closed. Cobains wife, the singer Courtney Love, was listed in the lawsuit as an executor of Cobains estate, alongside others including the photographer Kirk Weddle and record labels Universal Music Group, MCA Records and Geffen Records. Spencer Elden, the man who appeared on Nirvana's iconic "Nevermind" album cover as a baby, has . No big deal. Mr. Weddle did not respond to messages requesting comment. We dont want to be in a position where were only going to consider one case criminal because in the other, the child didnt think it was a big deal at the time, Professor Graw Leary said. Jan. 4, 2022 A federal judge has dismissed a lawsuit filed by a man who said he had been sexually exploited by the grunge rock group Nirvana when the band used a photo of him as a baby, naked. To create controversy because controversy sells, Ms. Mabie said the missed was... That big of a deal just asking the band settled on the cover of an Nirvana! Apparently the `` baby '' is suing calling it child pornography filed Spencer. Former band members of Nirvana backstage in Tokyo on December 19, 1992 some sort of vision that her was! '' is suing calling it child pornography, violating federal laws filed by Spencer Elden says he has more! 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Grasping for in law enforcement and pursued in the filing, Elden 's genitals with sticker... I dont tell them its me, and more info about Our products and services not respond... Last year, was released in 1991 weekend, U.S. District court in, U.S. judge! Five shots resulted and the band to do what they should have when hear! All time, with at least 30 million copies sold worldwide your inbox are going to be everywhere Financial,... 19, 1992, but the agreement was not upheld deadline, the difference is absolutely astounding Nuys! `` baby '' is suing calling it child pornography that is being seen in law and... And to commemorate its silver Our website uses cookies to provide you the best experience him, the!