Nirvana finally fired back on the Nevermind album cover lawsuit, claiming it was "not serious".
You will remember that Spencer Elden, the baby from the iconic album cover, sued the surviving members of the grunge icons and Kurt Cobain's estate earlier this year. Elden, now 30, insisted that the classic cover picture of him as a baby with genitals bared was sexual in nature.
"The permanent damage he has suffered immediately includes, among other things, extreme and long-term emotional stress with physical manifestations, impairment of his normal development and educational progress, lifelong loss of earning capacity, loss of past and future wages, past and future medical and psychological expenses Treatment, loss of zest for life and other losses that need to be described and proven in this matter, ”the lawsuit states.
Although the lawsuit was dismissed by many, Elden pushed his case forward and made several changes over the past month, including the addition of Cobain's own diary entries.
Now, according to Billboard, Nirvana has struck back with a damning statement. As they point out, Elden “has spent three decades capitalizing on his fame as a self-proclaimed 'nirvana baby'. The statement said that he had "readjusted" the photo several times for a fee.
"At first glance, Elden's claim that the photo on Nevermind's album cover was 'child pornography' should not be taken seriously," the statement said. "A brief examination of the photo, or of Elden's own behavior (not to mention the presence of the photo in the homes of millions of Americans guilty of child pornography possession according to Elden's theory) makes this clear."
At the time of writing, Elden has not yet responded to Nirvana's new lawsuit. Grohl and Krist Novoselic and Courtney Love remain embroiled in the lawsuit. Elden, who actually wears a Nevermind tattoo, demands "at least" $ 150,000 from each defendant.
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He insists that none of his legal guardians "ever signed a press release authorizing the use of pictures of Spencer or his likeness, let alone commercial child pornography depicting him."
This is a developing story so stay tuned for updates.
You can find more information on this topic in the Classic Rock Observer.