(Los Angeles) The naked baby in a swimming pool which appears on the cover of the legendary album Nerve memory de Nirvana filed a new child pornography complaint in Los Angeles, relaunching the case after a judge dismissed her first complaint on a procedural matter.
At the end of August 2021, Spencer Elden, now aged 30, had filed a complaint on the grounds that neither he nor his parents had given any authorization to use his image “and certainly not for the commercial exploitation of images at child pornography of his person ”. A federal provision allows victims of child pornography to seek damages from anyone who produces, distributes or owns images in which they appear.
The Los Angeles judge closed the case on Jan. 3 because the plaintiff failed to respond in a timely manner to arguments raised by Nirvana’s lawyers. The judge had, however, allowed Spencer Elden to file a new complaint within ten days, which he did on Wednesday.
On the cover of Nevermind, dating from 1991, can be seen at the age of four months, swimming naked in a pool and appearing to want to catch a dollar hanging on a hook. With legendary titles like Smells Like Teen Spirit, the album sold over 30 million copies, becoming a rock reference.
The plaintiff, who says he never received financial compensation for the photo, seeks $ 150,000 in damages from the 17 people he is suing, including former members of Nirvana and Kurt Cobain’s executor, Courtney Love .
In their response to the initial complaint, defense lawyers notably argued that “Elden has spent three decades enjoying his fame as the self-proclaimed ‘baby Nirvana’.”
“He remade the photo in exchange for remunerations on numerous occasions; he got the album title tattoo Nevermind On the chest […] he autographed copies of the album cover to sell on eBay and he used that link to try to hook up with women, ”they listed.