The man who, as a baby, appeared nude on the famous cover of Nirvana’s ‘Nevermind’ album is appealing the recent dismissal of his lawsuit in relation to the artwork.Spencer Elden sued Nirvana, their label and other people involved in creating the ‘Nevermind’ cover 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”.The various defendants in the case have argued that Elden has previously spoken positively about appearing in the artwork and repeatedly recreated the image as a teenager and adult, albeit wearing shorts.
Though they actually managed to get the lawsuit dismissed on the basis Elden had left it too late to sue.With the specific laws Nirvana et al were accused of violating, there is a ten year statute of limitations.
That doesn’t mean Elden would have had to sue within ten years of the photograph being taken, but – technically speaking – he should have gone legal within ten years of his eighteenth birthday.
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