A US judge has again dismissed the legal claim against Nirvana by the man who, as a baby, appeared nude on the famous cover of their ‘Nevermind’ album.
And this time there won’t be the option to file new proceedings in relation to this claim.Spencer Elden sued Nirvana, their label and other people involved in creating the ‘Nevermind’ artwork in August 2021.
Claiming that Elden’s guardians did not know how the nude baby photo would be used when it was originally taken, the lawsuit said that the defendants “knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so”.Nirvana and the other defendants quickly got busy trying to have the lawsuit dismissed.
They argued that the case was without merit, in particular citing past interviews with Elden in which he had talked positively about appearing in the artwork, and also noting the various times the plaintiff has recreated the image as a teenager and adult, albeit wearing shorts.
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