'Elden asserts two causes of action, one under the federal statute that permits victims of certain federal child pornography criminal offenses to sue for civil damages. Since appearing on the cover, Elden (pictured aged 20) has repeatedly recreated the image as both a teenager and an adult - on the 10th, 17th, 20th and 25th anniversaries of the album's release - but in many interviews has shared his mixed feelings about it 'Elden's claims fail, at the outset, because they are time-barred,' he writes. There is a 10-year statute of limitations on filing a lawsuit involving the child pornography alleged, starting with the date the plaintiff could reasonably have been aware of the pornographic use, or that they turned 18, according to Nirvana's attorneys. The motion was filed on behalf of defendants Dave Grohl, Krist Novoselic, Courtney Love (executor of Kirk Cobain's estate), Kirk Weddle (the cover photographer), UMG Recordings and Nirvana LLC.ĭeixler argued that the aforementioned merits of the case, or lack of them, shouldn't even be at issue, and that the late date at which the lawsuit was filed is all that needs to be considered for a dismissal. '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.'ĭeixler asked that Judge Olguin dismiss the case by January 20, 2022. 'Elden's claim that the photograph on the 'Nevermind' album cover is 'child pornography' is, on its face, not serious,' the motion argues. Deixler used the term 'absurd' in describing the Elden lawsuit's contention that 'the creation of the photograph for the album cover art entailed the sex trafficking of Elden when he was a baby.' It is generally believed that the album cover is a commentary on capitalism - with the addition of a dollar bill on the end of a fishing hook the focus of the baby's attention. Since appearing on the cover, Elden has repeatedly recreated the image as both a teenager and an adult - on the 10th, 17th, 20th and 25th anniversaries of the album's release - but in many interviews has shared his mixed feelings about it. Kirk was shooting 18 frames a second, so Spencer was in the water for about two seconds.' If you blow in their face, they hold their breath. I blew in Spencer's face and put him in the water.
Rick told EchoPark: 'Babies have a gag reflex. The band's lawyers argued after the initial lawsuit, first filed in August in federal court in California, that Elden has 'spent three decades profiting from his celebrity as the self-anointed 'Nirvana Baby'.'Įlden re-enacted the photo for money 'many times,' the lawyers said in a motion to dismiss the previous lawsuit in December, even had the album title tattooed across his chest, appeared on a talk show wearing a self-parodying nude-colored onesie and had 'used the connection to try to pick up women'. The 30-year-old is seeking at least $150,000 from each of the 10 defendants named, among them Nirvana drummer Dave Grohl and bassist Krist Novoselic Courtney Love, the widow of Nirvana lead singer Kurt Cobain several record labels, and photographer Kirk Weddle. The suit includes a declaration from art director Robert Fisher, describing a stock photo he used for a mockup for the 'Nevermind' cover that depicted a different baby and did not show his penis.Įlden's lawyers argue this demonstrates that the band and Geffen Records deliberately sought to display his penis and exploit the image for commercial gain. The new complaint, filed on Wednesday maintains the 'lascivious nature of his image' amounted to 'child pornography' that helped the band reap tens of millions of dollars at his expense. Olguin on January 4 after his lawyers missed a deadline, but was given permission to file an amended version. Spencer Elden, 30, had his initial claim dismissed by Federal Judge Fernando M. The nude baby on Nirvana's Nevermind album has filed a new $1.5million lawsuit claiming the iconic image is child pornography after a judge threw out his original case.
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