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Nude baby on Nirvana’s ‘Nevermind’ refiles dismissed lawsuit

UPDATED: Thu., Jan. 13, 2022

Nirvana band members, from left, Krist Novoselic, Dave Grohl and Kurt Cobain pose after receiving an award for best alternative video at the 10th annual MTV Video Music Awards in Universal City, Calif., on Sept. 2, 1993. A federal judge has dismissed the lawsuit of a 30-year-old man who alleged that the image of him nude as a baby on the 1991 cover of Nirvana’s “Nevermind" is child pornography. Judge Fernando Olguin granted the motion by Nirvana's attorneys to dismiss the case Monday, Jan. 3, 2022 but said plaintiff Spencer Elden can refile an amended version of the suit.  (Associated Press)
Nirvana band members, from left, Krist Novoselic, Dave Grohl and Kurt Cobain pose after receiving an award for best alternative video at the 10th annual MTV Video Music Awards in Universal City, Calif., on Sept. 2, 1993. A federal judge has dismissed the lawsuit of a 30-year-old man who alleged that the image of him nude as a baby on the 1991 cover of Nirvana’s “Nevermind" is child pornography. Judge Fernando Olguin granted the motion by Nirvana's attorneys to dismiss the case Monday, Jan. 3, 2022 but said plaintiff Spencer Elden can refile an amended version of the suit. (Associated Press)
Associated Press

Associated Press

LOS ANGELES – The man who as a 4-month-old appeared nude on the 1991 cover of Nirvana’s album “Nevermind” on Thursday filed a new version of his lawsuit alleging the image is child pornography.

Federal Judge Fernando M. Olguin had dismissed Spencer Elden’s lawsuit Jan. 4 after a missed deadline, but gave him permission to file an amended version.

The new complaint includes a declaration from the album’s graphic designer that Elden’s lawyers argue demonstrates the band and Geffen Records deliberately sought to display the baby Elden’s penis and exploit the image for commercial gain.

The lawsuit, first filed in August in federal court in California, said that Elden, now 30, had suffered “lifelong damages” as the band and others profited from the ubiquitous image of him naked underwater appearing to swim after a dollar bill on a fish hook.

The defendants named include surviving Nirvana members Dave Grohl and Krist Novoselic and the estate of Kurt Cobain.

A motion to dismiss filed in December by Nirvana’s attorneys argues the suit was filed well past the 10-year statute of limitations.

The motion says the lawsuit is “on its face, not serious,” and Elden’s conduct reflects that. “Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby,’ ” the document says.

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