Nirvana say Nevermind child pornography lawsuit is ‘not serious’ as they call on court to dismiss
Lawyers claim that Spencer Elden had ‘spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby”’
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.Nirvana have called on the US District Court to dismiss a lawsuit from the so-called “Nirvana baby”, Spencer Elden, on grounds that it is “not serious”.
In August, Elden, who appeared on the cover of the band’s album Nevermind when he was four months old, sued Kurt Cobain’s estate alleging child pornography and sexual exploitation.
The 1991 cover image shows Elden in a swimming pool reaching for a dollar bill with his genitals exposed. Elden has claimed that neither he nor his legal guardians signed a release authorising the use of “any images of Spencer or of his likeness”.
In a motion filed on Wednesday (24 December), lawyers representing Dave Grohl, Krist Novoselic, Courtney Love (as executor of the Kurt Cobain estate), photographer Kirk Weddle and UMG Recordings called for the case to be dismissed on 20 January 2022.
Claiming that Elden had only raised his objections to the photo recently, they said that he had “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby’”, including recreating the photo for money and having Nevermind tattooed on his chest.
They also claimed that he was selling signed copies of the album on eBay and had used it as a line to pick up women.
“Elden’s claim that the photograph on the Nevermind album cover is ‘child pornography’ is, on its face, not serious. A brief examination of the photograph, or Elden’s own conduct (not to mention the photograph’s presence in the homes of millions of Americans who, on Elden’s theory, are guilty of felony possession of child pornography) makes that clear,” they said.
They added that Elden’s lawsuit came after the 10-year statute of limitations on filing a lawsuit involving alleged child pornography and that it could also be dismissed on these grounds.
Responding to Variety, Elden’s lawyers said: “In 1991, Nirvana exploited Spencer’s inability to consent as an infant, and today, the band and Universal Music Group (UMG) continue to prioritise profits over our client Spencer Elden’s right to consent, to have privacy, and to feel dignity.
“Nirvana and UMG’s motion to dismiss focuses on their past conduct and ignores their ongoing distribution, especially with the 30-year Nevermind anniversary and profit margins.”