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	<title>mxdwn.co.uk &#187; Nevermind Album</title>
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		<title>Spencer Elden the Baby From the Nevermind Cover Sues Nirvana</title>
		<link>https://www.mxdwn.co.uk/news/spencer-elden-the-baby-from-the-nevermind-cover-sues-nirvana/</link>
		<comments>https://www.mxdwn.co.uk/news/spencer-elden-the-baby-from-the-nevermind-cover-sues-nirvana/#comments</comments>
		<pubDate>Sun, 29 Aug 2021 14:27:59 +0000</pubDate>
		<dc:creator><![CDATA[John Weightman]]></dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Album]]></category>
		<category><![CDATA[baby]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[Nevermind Album]]></category>
		<category><![CDATA[Nirvana]]></category>
		<category><![CDATA[Spencer Elden]]></category>

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		<description><![CDATA[The surviving members of 90&#8217;s grunge rock group Nirvana Dave Grohl, Krist Novoselic and the estate of Kurt Cobain, have been sued by Spencer Elden, who appeared as a baby on the cover of their iconic 1991 album Nevermind. According to a TMZ report and the legal documents uploaded by Pitchfork, Elden has sued all Nirvana band members as well as [&#8230;]]]></description>
				<content:encoded><![CDATA[<p>The surviving members of 90&#8217;s grunge rock group Nirvana Dave Grohl, Krist Novoselic and the estate of Kurt Cobain, have been sued by Spencer Elden, who appeared as a baby on the cover of their iconic 1991 album <em>Nevermind.</em></p>
<p>According to a <a href="https://www.tmz.com/2021/08/24/nirvana-kurt-cobain-sued-baby-nevermind-album-cover-art-child-sexual-exploitation-federal-lawsuit/" target="_blank" rel="noopener"><em>TMZ</em></a> report and the <a href="https://www.scribd.com/document/521576572/Elden-v-Nirvana-L-L-C-et-al" target="_blank" rel="noopener">legal documents uploaded by <em>Pitchfork</em></a>, Elden has sued all Nirvana band members as well as <em>Nevermind </em>album artwork photographer Kirk Weddle and designer Robert Fisher; the labels responsible for the album’s release, including Universal Music and Geffen Records; and Nirvana’s drummer from 1988 to 1990, Chad Channing.</p>
<p>The lawsuit was filed on August 24 claiming that the defendants have <em>“violated”</em> federal child pornography statutes and that Elden sustained <em>“injuries”</em> and <em>“lifelong damages”</em> due to the defendants<em>’ “commercial child sexual exploitation of him from while he was a minor to the present day”. </em>Neither Grohl, Novoselic, or the estate of Cobain has responded publicly to the lawsuit.</p>
<p><a href="http://www.mxdwn.co.uk/wp-content/uploads/2021/08/nevermind-800x800.jpg"><img class="alignnone size-medium wp-image-40490" src="http://www.mxdwn.co.uk/wp-content/uploads/2021/08/nevermind-800x800-600x600.jpg" alt="Nirvana nevermind-800x800" width="600" height="600" /></a></p>
<p>The lawsuit alleges that the band <em>“failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking. Cobain agreed to redact Spencer’s image with a sticker bearing the text If you’re offended by this, you must be a closet pedophile”</em> which was in fact detailed by the 1993 Nirvana biography Come As You Are: The Story of Nirvana, however, the album was ultimately released without a said sticker.</p>
<p>The lawsuit further claims <em>“Neither Spencer nor his legal guardians ever signed a release authorizing the use of any images of Spencer or of his likeness and certainly not of commercial child pornography depicting him.”</em> It also alleges that Elden never received any compensation following the commercial success of <em>Nevermind.</em></p>
<p>Elden is seeking actual damages, or liquidated damages amounting to $150,000 per defendant, attorney’s fees, and a trial by jury. Elden now aged 30, was only a few months old when he was photographed for the cover of <em>Nevermind.</em> In a<a href="https://time.com/4499648/nirvana-nevermind-25-baby-spencer-elden/"> 2016 TIME interview</a> on the 25th anniversary of the album&#8217;s release, he revealed that he had had not come fully to terms with appearing on the cover and that he had previously looked into legal action against the label Geffen Records.</p>
<p><em>“It’s hard not to get upset when you hear how much money was involved, [When] I go to a baseball game and think about it: ‘Man, everybody at this baseball game has probably seen my little baby penis,’ I feel like I got part of my human rights revoked.”</em> Elden also told TIME that he tried reaching out to the band, but was unsuccessful.</p>
<p>According to the <a href="https://www.hollywoodreporter.com/news/music-news/nevermind-that-nirvana-lawsuit-1235003065/">Hollywood Reporter, </a>many legal experts say the lawsuit is likely to be dismissed. Bryan Sullivan, an entertainment litigation partner at Early Sullivan, stated that the suit was <em>“ridiculous,”</em> and that even if there wasn’t a written agreement, Elden’s claims are weak<em>. “I think it is highly unlikely that a record company would use a photograph for an album cover without verifying the existence of a release signed by the parents, but, if is there is no release, it does not mean he has a claim for child pornography. As to the right of privacy, you can waive it by your actions or by his parents’ actions in allowing him to be photographed.”</em></p>
<p>Entertainment lawyer Andrew Brettler agreed that publicity will be a key issue: <em>“What I think really damns their case is the fact that this kid sat for all these interviews and re-created the album art.”</em></p>
<p>Elden’s lawyer, Mabbie told <em><a href="https://www.youtube.com/watch?v=0ylTvWekzNY&amp;t=2186s" target="_blank" rel="noopener">CNN</a></em> the cover is an<em> “overly sexualised”</em> image and said that it was <em>“child exploitation in the way that they created it and the way they distribute the image today.” </em>She also states that Elden is expecting another invasion of his privacy as the album approaches its 30th anniversary, which takes place next month.</p>
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