THE child pornography lawsuit filed in late August by a man who appeared naked as a baby in a swimming pool on the cover of Nirvana’s album “Nerve memory, Was filed yesterday, Monday, by the competent court of California, according to AFP.
According to APE BPE, the judge rejected the case because the plaintiff, Spencer Elden, he did not answer to the arguments put forward by Nirvana’s lawyers who argued that his action was unfounded.
The judge gave a new deadline, until January 13, 2022, in order for Spencer Elden to file a new lawsuit.
“We will file a second lawsuit very soon. “We are convinced that Spencer will be able to pursue the case,” the lawyer’s lawyer, Robert Lewis, told AFP.
Photographed in 1991 at the age of four months, Spencer Elden poses naked in a swimming pool on the cover of “Nevermind”, with his eyes fixed on a one-dollar bill hanging from a hook. With legendary songs like “Smells Like Teen Spirit”, the album sold more than 30 million copies and became a point of reference for rock music.
In late August, a month before the album’s 30th anniversary, Spencer Elden filed a lawsuit accusing the band that neither he nor his parents had given him the slightest permission in order to use his photo “and certainly not for the commercial exploitation of his photos with a child pornographic character”.
He demanded $ 150,000 from the defendants
The plaintiff, who claimed that he never received financial compensation for the photo, he was seeking $ 150,000 in damages from each of the 15 people he had sued. Among these former members of Nirvana, the executor of Curt Cobain’s will, Courtney Love, as well as the photographer Kirk Wendell.
Responding to the lawsuit, the defendants claimed that “Elden was three decades old beneficiary from his fame to the self-proclaimed “baby of Nirvana.”
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