Nirvana Seeks to Dismiss Nevermind Coverage Sexual Abuse Lawsuit | Nirvana
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Lawyers working for Nirvana have filed a lawsuit to dismiss a lawsuit brought against the group by Spencer Elden, who appeared as a baby on the cover of their album Nevermind.
In the lawsuit in August, Elden claimed he was a victim of child sexual exploitation and that the cover illustration was a picture of child sexual abuse. “The accused knowingly produced, possessed and advertised commercial child pornography depicting Spencer,” the lawsuit read.
Elden edited it in November, adding details, including a passage from Kurt Cobain’s diaries that describes imaginary child sexual abuse. He also dismissed a number of named defendants.
The lawyers for the other defendants – Nirvana members Dave Grohl and Krist Novoselic; Courtney Love, executor of the Cobain estate; and Kirk Weddle, the photographer in the cover image – have now sought to dismiss Elden’s lawsuit. They claim that the two statutes under which Elden files his lawsuit have time limits that will invalidate him and that the lawsuit “falls in the face” by being filed too late.
Elden’s claim that the picture is of child sexual abuse is described by lawyers as “no big deal.” A brief examination of the photograph or Elden’s own conduct (not to mention the presence of the photograph in the homes of millions of Americans who, according to Elden’s theory, are guilty of criminal possession of child pornography) the clearly shows. “
The movement claims that the image “rather evokes themes of greed, innocence and the cherub motif in Western art.”
In his lawsuit, Elden said appearing on Nevermind’s cover caused him “extreme and ongoing emotional distress with physical manifestations,” as well as loss of education, wages and “enjoyment of life.” . Nirvana’s attorneys retorted that Elden “spent three decades enjoying her fame as the self-proclaimed” Nirvana Baby, “including recreating the image for the album’s 15th and 25th birthdays.
They refer to Elden having a tattoo of the word Nevermind on his chest, which Grohl also addressed when asked about the trial in October: “He has a Nevermind tattoo. I feel the same as most people in that I have to disagree [with Elden’s allegations]”.
Nirvana’s lawyers requested a hearing for their nonsuit motion in January.
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