“Elden’s claim that the photograph on the Nevermind album cover is ‘child pornography’ is, on its face, not serious,” the band said. He has been fully aware of the facts of both the supposed “violation” and “injury” for decades.Īs Billboard points out, this could just be the beginning of Nirvana’s response, with them preparing to argue the image does not amount to child pornography if the case continues. Long before 2011, as Elden has pled, Elden knew about the photograph, and knew that he (and not someone else) was the baby in the photograph. It was world-famous by no later than 1992. They continued:īut the Nevermind cover photograph was taken in 1991. As for the statute of limitations, Elden filing a federal child pornography lawsuit would only apply within 10 years after him “reasonably” discovering the problem, with the band pointing out that would mean he’d only discovered it in 2011. Other details the band cited included those re-enactments of the photo and the fact that Elden has the name Nevermind tattooed on his chest. “Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby,'” the band wrote. The fact that Elden had previously and repeatedly embraced the image could also factor into the band’s argument against the suit. Now, as Billboard reports, the band is responding to the lawsuit in a more official capacity, issuing a statement claiming the case is “not serious” and that it was filed way past the statute of limitations expiring.
Previously, in October, Dave Grohl acknowledged the lawsuit and suggested further reissues of Nevermind could feature a different cover. Elden is seeking $150,000 from each party named in the lawsuit. Spencer Elden - the man who has long identified himself as the baby seen on Nevermind‘s cover, and who has re-created the image several times over the years - filed a lawsuit against Nirvana’s individual surviving members, Kurt Cobain’s estate, photographer Kirk Weddle, and the labels involved in releasing the album, alleging that the Nevermind cover is child pornography.
While there’s been some celebration surrounding Nevermind‘s 30th anniversary, there’s also been some controversy.
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