N Nirvana is asking a federal judge to reject - this time once and for all - a child pornography lawsuit filed by the man who appeared as a nude baby in on the cover of the band's album . We dont only protect certain kids., Why the Baby on Nirvanas Nevermind Album Is Suing Now, https://www.nytimes.com/2021/08/25/arts/music/spencer-alden-nirvana-nevermind.html. She started having my picture taken as a baby and giving it away as fridge magnets to friends.. A brief examination of the photograph, or Eldens own conduct (not to mention the photographs presence in the homes of millions of Americans who, on Eldens theory, are guilty of felony possession of child pornography), makes that clear., Instead, they said, the photograph evokes themes of greed, innocence and the motif of the cherub in Western art.. Usually, it turns out that he was baby on the cover of Nirvana's Nevermind. Federal Judge . Nirvana sued by the baby from Nevermind cover. In a new filing in federal court in Los Angeles, lawyers for the group say Spencer Eldens second amended complaint filed Jan. 12 should be dismissed with prejudice, meaning he should be sent packing without a chance to try again. We dont want to be in a position where were only going to consider one case criminal because in the other, the child didnt think it was a big deal at the time, Professor Graw Leary said. Nirvana wins dismissal of lawsuit over naked baby on 'Nevermind' album cover Spencer Elden, 31, alleged that a photo taken when he was 4 months old constituted child pornography. Mr. Elden suffered permanent harm because of his association with the album, including emotional distress and a lifelong loss of income-earning capacity. The lawsuit did not provide details about the losses and said they would be disclosed at trial. Ive heard that originally the band wanted the image to be of a woman giving birth under water, but the record company thought that would be too graphic. For Elden, this is strike three. Both its content and artwork were heralded as seminal rock works, but three years after its release, Nirvanas frontman, Kurt Cobain, died by suicide in Seattle and the remaining members subsequently disbanded. Press question mark to learn the rest of the keyboard shortcuts. Recently Ive been thinking, What if I wasnt OK with my freaking penis being shown to everybody? I didnt really have a choice, Mr. Elden said to GQ Australia. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Every five years or so, somebodys gonna call me up and ask me about Nevermind and Im probably gonna get some money from it, he told Rolling Stone in 2003. On Friday, a California judge dismissed a child pornography lawsuit filed by Spencer Elden who was photographed naked as a baby for the cover of the band's 1991. The photo of Mr. Elden was picked from among dozens of pictures of babies Mr. Weddle photographed for the album cover, which Mr. Cobain envisioned showing a baby underwater. Yes, groups like Cock Fight are combing humor with anti-male genital mutilation messages. If he misses the deadline, the case will be dismissed without prejudice and closed. 10:45 AM PT-- 8/25 -- Elden tells TMZ ."Nirvana exploited me when I was a baby to sell their music, but there is a person behind every image. They were trying to create controversy because controversy sells, Ms. Mabie said. Create an account to follow your favorite communities and start taking part in conversations. He said that his feelings about the cover began to change just a few months ago, when I was reaching out to Nirvana to see if they wanted to be part of my art show.. In terms of girth and length, the difference is absolutely astounding. Spencer Elden, 31, who appeared naked on the album cover as a baby, sued the band over alleged commercial child sexual exploitation.. But the man who was the baby is in the news today, and I saw the picture again and saw he was circumcised. Apparently the "baby" is suing calling it child pornography. A judge has dismissed a lawsuit against Nirvana made by Spencer Elden, who appeared as a naked baby on the cover of the band's classic 1991 album Nevermind, Spin magazine reports. We feel confident that our amended complaint will survive an expected motion to dismiss, Mr. Lewis said. 2. But they also denied that the picture, one of the most famous photographs of all time, was an example of child pornography. The performer, who died in 1994, said the sticker should read: If youre offended by this, you must be a closet pedophile.. The lawsuit was dismissed after a judge in the U.S. District Court for the Central District of California said that Mr. Eldens lawyers missed a deadline to respond to a motion for dismissal by the lawyers for Nirvana. Dave Grohl: 'I dreamt I was shot in the back', Angry protests erupt over Greek rail disaster, Messages reveal battle over UK Covid policy, Isabel Oakeshott: Why I leaked minister's messages. He claims he "has suffered and will continue to suffer lifelong damages" as a result of the artwork, including "extreme and permanent emotional distress" as well as "interference with his normal development and educational progress" and "medical and psychological treatment". In HS 1961, I saw one guy other than myself who was normal. Why the Baby on Nirvana's 'Nevermind' Album Is Suing Now Spencer Elden, 30, says Nirvana engaged in child pornography when the band used a picture of him naked on the cover of the. Elden's lawyer claimed he has suffered and will continue to suffer lifelong damages because of the album cover. See ya in a few years, Spence. Its cool but weird to be part of something so important that I dont even remember, he said in 2016 in an interview with The New York Post, in which he posed holding the album cover at 25. Spencer Elden, 31, who. When she was young, she says she had some sort of vision that her baby was going to be everywhere. VideoIsabel Oakeshott: Why I leaked minister's messages, How 10% of Nigerian registered voters delivered victory, Sake brewers toast big rise in global sales, The Indian-American CEO who wants to be US president, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip. Did you encounter any technical issues? It is as simple as that.. Nevermind is the second studio album by the American rock band Nirvana, released on September 24, 1991, by DGC Records.It was Nirvana's first release on a major label and the first to feature drummer Dave Grohl.Produced by Butch Vig, Nevermind features a more polished, radio-friendly sound than the band's prior work. My mum has a crazy story. Elden never consented to the use of this image or the display of these images, she said. I don't even like the fact that it has a naked baby in the first place, so that alone bothers me. CNN Sans & 2016 Cable News Network. I dont tell them its me, and my friends boast about it more than I do. Why not? 10:41 PM EDT, Mon September 5, 2022. Ms. Mabie said his parents never authorized consent for how the images would be used. Spencer Elden, the man who appears on Nirvana's "Nevermind" album as a nude baby, is suing the band alleging the photo is child pornography. "I'm 23 now and an artist, and this story gave me an opportunity to work with Shepard Fairey for five years, which was an awesome experience. "Nevermind" was back in the news last month when the . Not that I would've been able to articulate it properly at 13 but I was aware it (MGM) was an awful thing to do to a sweet little baby. Source? No big deal. An Italian guy stopped me and said, Youre the Nirvana baby! which Ithought was the craziest thing. But it's always the record labels that make the money.". They added that anyone who had a copy of the album would on Eldens theory [be] guilty of felony possession of child pornography., Nirvanas legal team also argued that Eden had previously cashed in on being the Nirvana baby.. Spencer Elden claims the nude image of him as an infant on the band's iconic album . Spencer Elden, the man who was photographed as a baby on the album cover for Nirvana's Nevermind, is suing the band alleging sexual exploitation. IT seemed incongruous, against the what the baby was depicting. However, his lawsuit was dismissed on Friday when a judge ruled that Elden had filed his complaint after the 10-year statute of limitations had expired. It spoke to Kurt . We remember the cover art - a clearly circumcised baby boy, swimming in pursuit of a dollar bill dangled in front of him - but what . All Rights Reserved. And that was it. Weddle had shot a number of babies to find the right image, and they ended up choosing me. Every person who worked on Nirvana 's "Nevermind," released 30 years ago today, says that the album basically broke itself, almost immediately taking on a life of its own in a way that could. The foreskin is not pathological, a deformity or a defect. The cover depicts Elden as a four-month-old. A federal court in California has dismissed a lawsuit alleging that the cover artwork of rock band Nirvanas 1991 album Nevermind constituted child pornography. Not too veiny, but just enough to let you know blood is pumping through and it is ready to do its thing! "The images exposed Spencer's intimate body part and lasciviously displayed Spencer's genitals from the time he was an infant to the present day," legal papers filed in California claim. Since we were unable to legally obtain a picture of the much talked about penis, it is our duty to briefly describe what youre missing out on. The lawyers for Nirvana said that Mr. Elden used his fame from the photo to pick up women and benefited financially from the album cover. Nirvana Nevermind child pornography lawsuit dismissed by judge Spencer Elden, who was photographed naked as a baby for the Nevermind album cover, missed his deadline to file an opposing. So I was the right age to be into Nirvana. In a . A California man who appeared on the cover of Nirvana's "Nevermind" album as an infant has filed a lawsuit against the band claiming he was the victim of child pornography. A judge in California has dismissed a lawsuit filed against former band members of Nirvana over their iconic Nevermind album cover. The red dried fruit ends just can't imagine what a normal penis is. Got a confidential news tip? Copyright 2023 Penske Business Media, LLC. By David Mouriquand Updated: 06/09/2022. The judge dismissed the case with leave to amend meaning Elden and his lawyers have until Jan. 13 to refile the case. From Nirvana to 'weightless worlds': How photos evolved underwater, Elden told CNN in 2008: Rumor had it that Cobain had the original concept of wanting to show a mother giving birth under water. Elden added: But the compromise was to have a baby swimming under water. In 2008, Spencer's father Rick recounted the photo shoot to US radio network NPR, saying he had been offered $200 to take part by Weddle, who was a family friend. Its awful that it happened however its a thirty year old picture, lets focus on whats happening today. Spencer Elden, the man who appeared on Nirvana's iconic "Nevermind" album cover as a baby, has . For example, he worked with Shepard Fairey, the artist who was sued by The Associated Press for using an image of Barack Obama for his piece Hope.. This lawsuit is not a typical child pornography case, said Mary Graw Leary, a professor at the Columbus School of Law at the Catholic University of America. Aug. 26, 2021, 8:01 AM PDT By Danny Cevallos Never mind the lawsuit against Nirvana. The lawsuit against Nirvana by the man who appeared on the cover of their 1991 album Nevermind when he was a baby has been dismissed. The Nevermind kid was only about 7yrs in the article and pictured with his parents, they seemed sort of alternative, a little bit arty farty. Thanks for contacting us. CNNs Rob Picheta contributed to this report. He hasnt met anyone who hasnt seen his genitalia, she said. Spencer Elden, who appeared as a naked baby on the cover of Nirvana's 1991 album "Nevermind," has claimed the record's iconic artwork is child pornography and is suing the band over alleged. Sometimes girls chat me up about it more than the other way around. It is a weird thing to get my head around, being part of such aculturally iconic image. The BBC is not responsible for the content of external sites. That bothers me even more than it already does, mainly because the head is so exposed when it should not be. Anyone can read what you share. Every so often, the guy who was the baby on the cover of Nirvanas Nevermind issues a status update on whether or not he was the baby on the cover of Nirvanas Nevermind. Given that the kid is probably close to my age(early 30s), it's common for the time. That part of the law gives a bit more discretion to the court, she said. Columnist | Follow. Word Brothel is dedicated to bringing you the best, Our website uses cookies to provide you the best experience. 2023 NYP Holdings, Inc. All Rights Reserved, Hindu, Buddhist leaders complain about very painful NY beer, Smells like more court dates: Nirvana cover baby appeals judges child porn dismissal, No apologies: Judge tosses Nevermind babys child porn case against Nirvana, Kurt Cobains Smells Like Teen Spirit guitar could nab $800K at auction, claimed the artwork constituted child sexual abuse. His privacy is worthless to the world.. Now that baby is all grown up and, believe it or not, so is his penis. Eons ago there was some feature in Q (a now defunct English music magazine) and they featured people who were on famous album covers, the U2 boy, that kinda thing. Send us a tip using our anonymous form. Kinda feel sorry for the kid for having parents who cut him, but not much else tbh. The cover of Nirvana's Nevermind showed a naked baby swimming underwater in a pool, reaching for a dollar bill hanging from a sharp fishing hook. Even my father, who was quite a heartless & violent prick believed circumcision was very wrong (he was born in 1953 and was circumcised). Read about our approach to external linking. Eldens claim that the photograph on the Nevermind album cover is child pornography is, on its face, not serious, Nirvanas lawyers said. I was four months old and my dad was attending art school at the time, and his friends would often ask for help with their projects. The photograph became one of the most enduring images in rock music. So his friend the photographer Kirk Weddle called him and said, Doyou want to make some money today and throw your kid in the pool? And he agreed. 5. Elden had expressed mixed feelings about the album cover, but never called it child pornography before. "Nevermind," which celebrated its thirtieth anniversary last year, was released in 1991. A California man who appeared on the cover of Nirvana's "Nevermind" album as an infant has filed a lawsuit against the band claiming he was the victim of child pornography. Elden is seeking $150,000 in damages from each of the 15 defendants named in the suit. Paul Bergen/Redferns/Getty Images. Idont know how anyone would recognise me. By Alyssa Rosenberg. In a different interview that year, he said he was angry that people still talked about it. The baby whose image was used on the iconic cover artwork for Nirvana's 1991 album Nevermind has filed a lawsuit against the band, alleging the photograph constituted child pornography. Mr. Elden, an artist living in Los Angeles County, has gone to therapy for years to work through how the album cover affected him, said Maggie Mabie, one of his lawyers. We want to hear from you. Even though he recreated the images later on in life, he was clothed and he was an adult and these were very different circumstances.. The cover depicts Elden as a four-month-old in a swimming pool, grasping for a dollar bill that's being dangled in front of him on a fishing line. Mr. On Monday evening, Judge Fernando M. Olguin, who was presiding over the case at the U.S. District Court in. The picture, taken at the Rose Bowl Aquatics Center in Pasadena, Calif., would be used that year for the cover of Nevermind, Nirvanas seminal second album that helped define Generation X and rocketed the Seattle band to international fame. So exposed when it should not be 's always the record labels that make money. It child pornography before just enough to let you know blood is pumping and... Elden added: but the compromise was to have a choice, mr. Lewis nirvana nevermind baby circumcised have a choice, Lewis... 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