Naked ‘Nevermind’ babies lose lawsuit against Nirvana after judge dismisses child porn allegations


Spencer Elden, 31, appeared naked on an album cover as a baby and sued the band for alleged “commercial child sexual exploitation.”

But his case was dismissed Friday after a judge ruled that Elden filed a complaint after the 10-year statute of limitations had expired.

“Therefore, plaintiffs’ action is dismissed without permission to amend,” Fernando M. Olguin, a federal district judge for the Central District of California, said in a decision obtained by CNN.

Elden’s attorney told CNN that he plans to appeal the dismissal.

The cover of “Nevermind,” featuring an infant Elden swimming underwater and eyes fixed on dollar bills, has become one of rock music’s most enduring images.

In an initial complaint filed on August 24, 2021, Elden’s attorney said the images were pornographic and he suffered “lifelong damage” as a result of his involvement.

Elden named the surviving band members, the executors of lead singer Kurt Cobain’s fortune, and various record labels as defendants.

After the complaint was dismissed, the amended second complaint alleges Elden “for lifelong loss of ability to earn an income, loss of past and future wages, past and future costs for medical and psychiatric treatment, It sought damages for what it called “loss of enjoyment of life, and other losses.” It will be explained and proven at trial in this matter. ”

Naked 'Nevermind' baby sues Nirvana over 'child pornography'

The lawsuit alleges that Elden was sexualized because an image of a naked baby clutching a dollar bill made the baby look like a “sex worker”.

Elden occasionally recreated the image in his adulthood, but also suggested in interviews that he felt uncomfortable about the popularity of album covers.

In 2007, he told Britain’s Sunday Times, “It’s kind of creepy that so many people have seen me naked. I feel like the biggest porn star in the world.” He told CNN that he was often asked to attend events as a “Nirvana baby.”

“Nevermind” and its lead single “Smells Like Teen Spirit” sold millions of copies and helped popularize grunge music in America. Both its content and artwork were heralded as influential rock works. But three years after its release, Nirvana frontman Kurt Cobain committed suicide in Seattle, and the rest of the band subsequently disbanded.

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Elden told CNN in 2008: Elden added:

The lawsuit alleges that Elden “continues to suffer personal injury through possession, transport, reproduction, advertising, promotion, presentation, distribution, offering, and acquisition of child pornography by Defendant.”

Cobain’s wife, singer Courtney Love, was named in the lawsuit as the executor of Cobain’s estate, along with photographer Kirk Weddle, record labels including Universal Music Group, MCA Records and Geffen Records. CNN has reached out to these parties for comment.

CNN’s Rob Pichetta contributed to this report.

Source: www.cnn.com

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