Judge Dismisses Lawsuit Launched By Man On Nirvana’s Nevermind Album Cover
Spencer Elden said he suffered 'extreme and permanent emotional distress' from having his picture plastered all over the world.
A Californian judge has dismissed the lawsuit launched by the man on Nirvana's Nevermind album cover.
Spencer Elden believed he didn't consent to have his picture taken when he was a baby and hve that image plastered all over the world.
The Nevermind cover sees a baby Elden naked underwater in a pool swimming after a one dollar bill that's on a fishing hook.
After several decades of having to put up with being the Nevermind baby, Elden launched a lawsuit last year and sued the band for emotional damages because it caused him 'extreme and permanent emotional distress'.
His lawsuit tried to argue that he was the victim of 'child sexual exploitation' because he was naked in the image.
However on the eve of Christmas, lawyers for Dave Grohl, Krist Novoselic, Courtney Love (who was acting as the executor of the Kurt Cobain estate), photographer Kirk Weddle and UMG Recordings launched a motion to get the case dismissed.
The band stated that Elden 'has spent three decades profiting from his celebrity as the self-anointed "Nirvana Baby"'.
They also claimed he has 're-enacted the photograph in exchange for a fee' on multiple occasions and 'used the connection to try to pick up women'.
Dismissing the claims made by the album cover star, they added: "Elden's claim that the photograph on the Nevermind album cover is 'child pornography' is, on its face, not serious.
"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."
According to Spin magazine, Elden's team had until January 3 to file a reply to Nirvana's motion to dismiss the case, which they failed to do.
The California judge was then forced to dismiss 'with leave to amend'.
During an interview with NPR in 2008, Spencer's dad Rick Elden explained how photographer Kirk Weddle offered him $200 to come to a party and toss his newborn into the pool for a shoot.
"The whole thing lasted a few seconds," he said.
He recalled: "I was like, 'What's up?' And he's like, 'Well, I'm shooting kids all this week, why don't you meet me at the Rose Bowl, throw your kid in the drink?'
"And we just had a big party at the pool, and no one had any idea what was going on!"
Featured Image Credit: AlamyTopics: Entertainment, Music, nevermind, Nirvana, Entertainment, Music, nevermind
Stewart Perrie