New York, 2022-01-04 14:51:44. Nirvana’s ‘Nevermind’ children’s album cover lawsuit dismissed
A federal judge in Los Angeles has dismissed a lawsuit brought by a man who said grunge rock group Nirvana sexually abused him by placing a picture of him as a naked four-month-old baby on the cover of their 1991 classic album “Nevermind.”
US District Judge Fernando Olgen dismissed the lawsuit on Monday after prosecutor Spencer Elden missed a deadline to respond to the defendants’ request to dismiss the case.
He gave Olgen Elden until January 13 to file an amended complaint to address the alleged problems identified by the defendants in his case.
Elden’s lawyer did not immediately respond to requests for comment on Tuesday.
In his lawsuit filed last August, Elden, when he was 30, claimed he sustained “lifetime damages” from the album cover, which depicted him swimming naked toward a dollar bill pierced with a fish hook.
Elden sought damages of at least $150,000 from each defendant from several defendants, including Universal Music Group, Nirvana drummer Dave Grohl, Nirvana guitarist Krist Novoselic, and Courtney Love, widow of Nirvana lead singer Kurt Cobain who He died in 1994.
“Nevermind” is one of the best-selling albums of all time, with sales exceeding 30 million worldwide. It features Nirvana’s signature song “Smells Like the Soul of Figs”.
Seeking to dismiss Elden’s case, the defendants said his claim that the photo amounted to child pornography was “ostensibly not dangerous” under the circumstances.
They cited a 1994 court ruling that said no one could seriously believe a painting by French impressionist Pierre-Auguste Renoir of a nude woman, or a harmless family portrait of a naked child in a bathtub, that violated child pornography laws.
The defendants also said Elden could not claim to be a victim after spending three decades “capturing his fame as a self-anointed ‘Nirvana Baby’.”
Elden posed as an adult to recreate the image, including the “Never Mind” tattoo on his chest.
(Reporting by Jonathan Stemple in New York; Editing by Karishma Singh)
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