All Rights Reserved. Ms. Mabie said that Mr. Elden has long felt discomfort over the images and had expressed it in even earlier interviews when he was teenager. Now 30, Elden says his parents never signed a release authorising the use of his image on the album. In the motion to dismiss, which was filed two weeks ago, Nirvana claimed Eldens allegations lacked merit and smelled like an absurd cash grab. In a ruling issued Monday Jan. 3, Judge Fernando M. Olguin tossed the case after the . Kurt Cobain,. 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. All Rights reserved. 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". In their prior Dec. 22 motion to dismiss the first amended complaint, Nirvanas lawyers argued that Eldens willingness to associate himself with the Nevermind cover over the years such as selling autographed copies of the cover and at one point recreating the photograph as an adult for a paying gig proved he didnt suffer any damages. The only news I've heard so far is that he was just upset that everyone else made money from the image and he didn't. He is a huge music connoisseur: when he heard I was the Nirvana baby, he thought that was really cool.". 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 . The lawyers who filed the motion represent Nirvanas surviving members, Dave Grohl and Krist Novoselic; Kurt Cobains widow, Courtney Love; and Kirk Weddle, the man who photographed the cover image. Over the weekend, U.S. District Judge Fernando Olguin dismissed the lawsuit which alleged child pornography filed by Spencer Elden . 2. "Nevermind" was back in the news last month when the . He said that his feelings about the cover began to change just a few months ago, when I was reaching out to Nirvana to see if they wanted to be part of my art show.. Robert Y. Lewis, one of Mr. Eldens lawyers, said they would file the complaint well before the deadline. It spoke to Kurt . And hey, looks like he still was! In the 30 years since it first appeared, Nirvana's diamond-selling record Nevermind has seen several re-releases and anniversary special editions. Mr. Elden was 4 months old when he was photographed in 1991 by a family friend, Kirk Weddle, at the Rose Bowl Aquatics Center in Pasadena, Calif. They described the various times he re-enacted the photograph for a fee, his public appearances parodying the cover, and the copies of the album that he autographed, which were then sold on eBay. For Elden, this is strike three. He claimed that they, along with Geffen Records, which released Nevermind, profited from his naked image. Bothers me that the kid's dick is visible at all. They were trying to create controversy because controversy sells, Ms. Mabie said. Mr. Elden suffered permanent harm because of his association with the album, including emotional distress and a lifelong loss of income-earning capacity. The lawsuit did not provide details about the losses and said they would be disclosed at trial. It's sexual and only becomes exposable with puberty. I was four months old and my dad was attending art school at the time, and his friends would often ask for help with their projects. I dont tell them its me, and my friends boast about it more than I do. Idont know how anyone would recognise me. Its amazing what 25 years and puberty will do to a persons genitalia. The image was controversial. Iam glad they chose me. In terms of girth and length, the difference is absolutely astounding. Representatives for Nirvana and their record labels have yet to respond to the claims. Two months after that, NPR's article said, "Geffen Records sent 1-year-old Spencer Elden a platinum album and a teddy bear". The children are young and it is very graphic.. Privacy Policy Privacy Policy. The cover of Nevermind, on which the infant Elden appeared, swimming underwater, his eyes fixed on a dollar bill, has become one of the most enduring images in rock music. The baby from Nirvana's 'Nevermind' cover is grown up and suing. 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. 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Spencer Elden, the man who appeared on Nirvana's iconic "Nevermind" album cover as a baby, has . Recently Ive been thinking, What if I wasnt OK with my freaking penis being shown to everybody? I didnt really have a choice, Mr. Elden said to GQ Australia. The photo of Mr. Elden was picked from among dozens of pictures of babies Mr. Weddle photographed for the album cover, which Mr. Cobain, the bands frontman, envisioned showing a baby underwater. The lawsuit said that Mr. Elden is seeking $150,000 from each of the 15 people and companies named in the complaint, including Kirk Weddle, the photographer who took the picture. Nevermind and its lead single Smells Like Teen Spirit sold millions of copies and helped popularize grunge music in the United States. In a new filing in federal court in Los Angeles, lawyers for the group say Spencer Eldens second amended complaint filed Jan. 12 should be dismissed with prejudice, meaning he should be sent packing without a chance to try again. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Elden recreated the photo more than once, the most recent being for the album's 25th anniversary. In a . Ms. Mabie said his parents never authorized consent for how the images would be used. But it's always the record labels that make the money.". We've received your submission. Just trust us when we say you wouldnt believe the difference! The man pictured as the naked baby on Nirvana 's Nevermind album cover has revived his "child pornography" lawsuit against the band after . At 9.5 inches and weighing in at about 195 grams, this guys wood is nothing to sneeze at. 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.. Eldens lawyers did not immediately respond toRolling Stones request for comment on the dismissal motion Monday. She started having my picture taken as a baby and giving it away as fridge magnets to friends. What is Word Brothel? In the filing, Elden's lawyer claims the image constitutes child pornography, violating federal laws. That baby was Spencer Elden . However, by continuing to use our website, you agree to our use of cookies. Now that baby is all grown up and, believe it or not, so is his penis. Spencer Elden, 31, who. "We just had a big party at the pool, and no one had any idea what was going on!". It is weird being part of such a culturally iconic image, because I didnt really have anything to do with it. Weddle had shot a number of babies to find the right image, and they ended up choosing me. After a judge dismissed the case Jan. 3, lawyers for Elden filed a second amended complaint a week later that dropped a claim related to sex trafficking while adding more language to address alleged conduct within the last 10 years that would restart the 10-year statute of limitations on the child pornography claims. Press J to jump to the feed. Spencer Elden, now 30, filed the lawsuit against against Kurt Cobainsestate and Nirvanas surviving members last year accusing them of sexual exploitation and child pornography. When Nevermind came out I found that the baby being circumcised so odd, wrong, bizarre. The only muscles not affected are my smooth muscles like my heart and tongue. Elden alleges his "true identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide from the time he was a baby to the present day". In. Born from 1989-1993, it's just sort of where it was and the album came out in 1991. Almost 50 Years After Knockin On Heavens Door God Still Wont Let Bob Dylan Die, Blues Musicians Now Prospering Life Threatens Career, Green Day Strikes It Rich, Finds Worlds Largest Oil Field, The Devil Who Went Down To Georgia Announces Hes Voting Blue, 10 Passive-Aggressive Gifts To Get Your Downstairs Neighbor Who Is Attempting To Record A Metal Album In His Apartment, Florida Bans All Books DeSantis Hasnt Memorized Word For Word So Nobody Finds Out He Cant Read, Sad! Yes, groups like Cock Fight are combing humor with anti-male genital mutilation messages. Every five years or so, somebodys gonna call me up and ask me about Nevermind and Im probably gonna get some money from it, he told Rolling Stone in 2003. August 30, 2021 at 10:59 a.m. EDT. Mr. We want to hear it. 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. Speaking to the Guardian in 2019, Weddle said he was still in contact with Elden, and acknowledged he was "conflicted about the picture". Spencer Elden says he suffered lifelong damage after appearing on Nirvana's "Nevermind" cover. 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. Spencer Elden, the 30-year-old artist who was photographed naked as a baby for the cover of Nirvana's "Nevermind" album, is still pursuing his federal personal . Its cool but weird to be part of something so important that I dont even remember, he said in 2016 in an interview with The New York Post, in which he posed holding the album cover at 25. And I am also glad it wasnt for something like a Backstreet Boys album. 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. 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. A federal judge has dismissed a lawsuit against the band Nirvana filed by a man who claimed that his depiction as a naked infant on the cover of their 1991 album, Nevermind, was "child pornography." Spencer Elden, who was photographed as a 4-month-old for the image that would become the cover, filed the lawsuit in federal court in August 2021, claiming that he was the victim of "commercial . They knew who Nirvana were, but werent really into the grunge scene. Why am I still on their cover if Im not that big of a deal? he said. Always found that album cover odd regardless. Send us a tip using our anonymous form. 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 alleging that the nude image constituted child pornography. That bothers me even more than it already does, mainly because the head is so exposed when it should not be. Spencer Elden, who was pictured naked as a baby on the cover of Nevermind, said Nirvana had engaged in child pornography.. Joey Stivic is a fictional character who first appeared on All in the Family.Joey Stivic was the son and only child of Mike Stivic (played by Rob Reiner) and Gloria Bunker Stivic (played by Sally Struthers).The character first appeared, as a newborn baby, in a two-part episode of All in the Family airing in December 1975. On Friday, a California judge dismissed a child pornography lawsuit filed by Spencer Elden who was photographed naked as a baby for the cover of the band's 1991. He sent a photographer to a pool for babies to take pictures. On Monday evening, Judge Fernando M. Olguin, who was presiding over the case at the U.S. District Court in. was picked from among dozens of pictures of babies Mr. Weddle photographed. The legal case also alleges that Nirvana had promised to cover Elden's genitals with a sticker, but the agreement was not upheld. Spencer Elden, who appeared as a naked baby on the cover of Nirvana's 1991 album "Nevermind," has claimed the record's iconic artwork is child pornography and is suing the band over alleged. 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 . The baby featured on NIRVANA's iconic 'Nevermind' album cover has filed a lawsuit against the band. Spencer Elden, 30, says Nirvana engaged in child pornography when the band used a picture of him naked on the cover of the breakthrough album. The photograph became one of the most enduring images in rock music. Last year he told the Guardian, Sooner or later, I want to create a print of a real-deal re-enactment shot, completely naked.. According to Spin magazine, a California judge dismissed the . Now, 30 years later, he is suing the band, alleging that he was "sexually exploited" as a minor. Published Jan 5, 2022. Read about our approach to external linking. However, Elden's lawyer, Robert Y. Lewis, argues that the inclusion of the dollar bill (which was superimposed after the photograph was taken) makes the minor seem "like a sex worker". Not too veiny, but just enough to let you know blood is pumping through and it is ready to do its thing! 2023 Cable News Network. As a subscriber, you have 10 gift articles to give each month. Joey Stivic Doll Anatomically correct doll, the first. 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. Five shots resulted and the band settled on the image above. CNNs Rob Picheta contributed to this report. Nirvana wins dismissal of lawsuit over naked baby on 'Nevermind' album cover Spencer Elden, 31, alleged that a photo taken when he was 4 months old constituted child pornography. CNN Sans & 2016 Cable News Network. Nudity of a child alone is not the definition of pornography, she said. But there are factors under federal law that allow a judge or a jury to determine whether a photo of a minor constitutes a lascivious exhibition of the genitals, including if they were the focal point of a photo, Professor Graw Leary said. So I was the right age to be into Nirvana. "It's pretty difficult - you feel like you're famous for nothing. Mr. Elden, who declined to comment on his suit, said in a short documentary in 2015 that the album cover had opened doors for him. The Baby From Nirvana's Nevermind Is 25 Now Kirk WeddleGDA/AP; Camieo Tooman By Kenneth Bachor September 23, 2016 9:00 AM EDT S pencer Elden was just a few months old when his parents got a. In other interviews, he has been more upbeat about the image. And then this. 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. At the time, he said he wanted to pose nude, but the photographer "thought it would be weird.". 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. Your effort and contribution in providing this feedback is much There wasn't too much fuss about the cover itself at the time in Australia but I did wonder why people weren't speaking up about the baby having been circumcised. The cover of Nirvana's Nevermind showed a naked baby swimming underwater in a pool, reaching for a dollar bill hanging from a sharp fishing hook. A federal judge in Los Angeles has dismissed a lawsuit by a man who said the grunge rock group Nirvana sexually exploited him in its 1991 album Nevermind, which features a photo of him as a naked, four-month-old baby. We feel confident that our amended complaint will survive an expected motion to dismiss, Mr. Lewis said. What amazes me is cheese jokes are ignorant hate or is it ignorance of the normal and fully functional penis. 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. Got a confidential news tip? Every so often, the guy who was the baby on the cover of Nirvanas Nevermind issues a status update on whether or not he was the baby on the cover of Nirvanas Nevermind. It is a weird thing to get my head around, being part of such aculturally iconic image. 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. The BBC is not responsible for the content of external sites. My parents took me down there, apparently they blew in my face to stimulate my gag reflex, dunked me in, took some pictures, and pulled me out. Create an account to follow your favorite communities and start taking part in conversations. Universal Media Group and Warner Music Group, the parent company of Warner Records, did not immediately respond to a request for comment. 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. All Rights Reserved. However, there was some concern because the boy's circumcised penis was visible in the image. The family quickly forgot the photoshoot until, three months later, they saw the Nevermind album cover blown up on the wall of Tower Records in Los Angeles. 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. Federal Judge Fernando M. Olguin threw out the case late Monday after Elden missed his Dec. 30 deadline to file a response to Nirvanas motion to dismiss. He's a lesson for today's parents. 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. Dave Grohl: 'I dreamt I was shot in the back', Angry protests erupt over Greek rail disaster, Messages reveal battle over UK Covid policy, Isabel Oakeshott: Why I leaked minister's messages. 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. 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. Federal Judge . Its awful that it happened however its a thirty year old picture, lets focus on whats happening today. Ithink its because of my penis a lot of the other babies were girls. See ya in a few years, Spence. 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). 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. 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. 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Or not, so is his penis fridge magnets to friends ; was back the... Cock Fight are combing humor with anti-male genital mutilation messages images in rock music 's! My heart and tongue is nothing to sneeze at am I still on their cover if Im that... You feel like you 're famous for nothing provide details about the image constitutes child filed... He has been more upbeat about the image my smooth muscles like my heart and tongue was in... And suing disclosed at trial shown to everybody the photograph became one of most! Culturally iconic image, because I didnt really have a choice, Mr. Lewis said nothing!
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