Famous music group Nirvana has won a lawsuit filed by the naked baby in the pool featured on the album cover of “Nervermind.” The baby’s name: Spencer Elden. Now 30 years old, the man claimed that neither he (necessarily) nor his parents had given their authorization for the use of the photo which he classifies as “child pornography”.
On Friday, September 4, a judge definitively dismissed Spencer Elden’s complaint. According to the man in charge of the file, Elden would have waited too long before filing his complaint. Indeed, the man filed a lawsuit more than ten years after becoming aware of the existence of the photo. Carry the case again? The judge, Fernando Olguin, also ruled a ban on it.
$150,000 in damages
Elden was seeking $150,000 in damages from 17 people, including former Nirvana members and Kurt Cobain’s executor, Courtney Love. Her nude appearance on the album cover is said to have caused her a “extreme emotional distress“.
In response to this, the defense lawyers had notably stated that “Elden has spent three decades enjoying his stardom as the self-proclaimed ‘Baby Nirvana’. “He remade the picture in exchange for remuneration on numerous occasions; he got the album title ‘Nevermind’ tattooed on his chest (…) he autographed copies of the album cover to sell on eBay and he used this link to try to flirt women.”