… Despite this knowledge, defendants failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking. Customer reviews and photos may be available to help you make the right purchase. In a complaint filed in the Los Angeles federal court, Elden alleges his '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.'Īccording to the suit, the defendants 'knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so. Buy Nirvana - Nevermind Album Cover 24x36 Art Print Poster at Amazon. The Recording Industry Association of America has certified. Despite low commercial expectations by the band and the label, Nevermind became a surprise success in late 1991, largely due to the popularity of its first single, 'Smells Like Teen Spirit'. In a lawsuit filed Tuesday, Spencer Elden, now 30, alleges the band violated federal child pornography laws and claims that his parents never signed a release allowing Nirvana to use the photo, CBS Los Angeles reports. Nevermind is the second studio album by the American rock band Nirvana, released on September 24, 1991, and their first release on DGC Records.

He cannot re-file the case after Olguin’s ruling, though he will be submitting an appeal, per his legal team.The man who, as a baby, was featured on the cover of Nirvana's 'Nevermind' album is suing the former band members, the estate of Kurt Cobain and several others over the famous naked photograph. Elden then re-filed the suit in January 2022. The suit was later thrown out after Elden missed the deadline to respond to the defendants’ motion to dismiss.

Elden first filed suit against Nirvana in 2021 for child sexual exploitation. US District Judge Fernando Olguin, who dismissed the case with prejudice, ruled that the case was filed well past the statute of limitations (10 years). Elden has claimed that the album cover, which was taken when he was four months old by a family friend, caused him “permanent harm” as well as a “lifelong loss of income-earning capacity.” The suit named several record labels, drummer Dave Grohl, bassist Krist Novoselic, Kurt Cobain’s estate, and photographer Kirk Weddle. Spencer Elden, now age 31, claimed in the lawsuit that the image amounted to child pornography. A Los Angeles judge has thrown out the lawsuit from the person who appeared naked on the cover of Nirvana’s Nevermind as a baby.

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