The cover of Nevermind, on which the infant Elden appeared, swimming underwater, his eyes fixed on a dollar bill, has become one of the most enduring images in rock music. The baby featured on NIRVANA's iconic 'Nevermind' album cover has filed a lawsuit against the band. He sent a photographer to a pool for babies to take pictures. September 3, 2022 Nirvana, 1991 Redferns Nirvana has won the lawsuit the band faced over their Nevermind cover art after a judge dismissed the case filed by Spencer Elden, the baby seen. Privacy Policy Privacy Policy. In HS 1961, I saw one guy other than myself who was normal. Federal Judge . According to the lawsuit, Nirvana sold more than 30 million copies of "Nevermind.". The permanent harm he has proximately suffered includes but is not limited to extreme and permanent emotional distress with physical manifestations, interference with his normal development and educational progress, lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at trial of this matter, Edens complaint said. We all remember the cute baby diving in a pool chasing a dollar bill on Nirvanas album cover for Nevermind. Itd be nice to have a quarter for every person that has seen my baby penis, he said in a New York Post interview in 2016. The album cover is less than flattering for young Spencer Elden, former nude child model, but in his defense, he was in a cold swimming pool and shrinkage is a scientific fact. The legal case also alleges that Nirvana had promised to cover Elden's genitals with a sticker, but the agreement was not upheld. Sometimes girls chat me up about it more than the other way around. However, these days Spencer is working with a massive tool that would even make Ron Jeremy blush. 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. They described the various times he re-enacted the photograph for a fee, his public appearances parodying the cover, and the copies of the album that he autographed, which were then sold on eBay. Spencer Elden, who was featured as a naked baby on a Nirvana album's cover art, is now suing the band for alleged "commercial child sexual exploitation." Chris Cuomo isn't buying it. 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. The BBC is not responsible for the content of external sites. Spencer Elden was an infant when he was photographed naked by a family friend for the cover of Nirvana's Nevermind album cover. All Rights reserved. 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.. In an. However, Elden's lawyer, Robert Y. Lewis, argues that the inclusion of the dollar bill (which was superimposed after the photograph was taken) makes the minor seem "like a sex worker". Iam glad they chose me. 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Mr. Weddle did not respond to messages requesting comment. Nirvana has won the dismissal of a lawsuit by a man who claimed his depiction as a naked four-month-old baby on the cover of the band's seminal 1991 album "Nevermind" was child pornography. He is asking for damages of at least $150,000 (109,000) from each of the 15 defendants, who include surviving band members Dave Grohl and Krist Novoselic; the managers of Kurt Cobain's estate; Cobain's former wife Courtney Love; and photographer Kirk Weddle. 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.. Nothing can sink Nirvana. A California judge on Monday tossed a lawsuit filed against Nirvana by the man who appeared as a naked baby on the cover of their breakthrough album "Nevermind." Spencer Elden, now 30, filed. Circumcision in Older Children: What to Expect at Home Everything you need to know about your penis - SpunOut . Its not a case with easy answers.. [Having an emotional breakdown talking about my disease. Gorillaz Movie Canceled Amid Netflix Animation Purge, Says Damon Albarn, The Rolling Stones Reportedly Prepping New Album Featuring Paul McCartney And Ringo Starr, King Gizzard Cancel Bluesfest Appearance In Protest Against Sticky Fingers Booking, The Number Ones: Justin Timberlakes My Love (Feat. 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. CNN Sans & 2016 Cable News Network. Over the years, he has expressed ambivalence about the cover. In the original complaint, filed August 24, 2021, Eldens attorneys said the image was pornographic and that he has suffered lifelong damages as a result of his involvement. In the filing, Elden's lawyer claims the image constitutes child pornography, violating federal laws. Its amazing what 25 years and puberty will do to a persons genitalia. According to Spin magazine, a California judge dismissed the . But its opened doors for me. Eden claimed the band went back on an alleged promise to conceal his genitals on the album cover and the band intentionally leveraged the shocking nature of his image to promote themselves and their music at his expense.. 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. Born from 1989-1993, it's just sort of where it was and the album came out in 1991. In a complaint filed Tuesday, Spencer Elden accused Nirvana of continuing to benefit from his "commercial sexual exploitation" 30 years after the album's release. 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. 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. Spencer Elden, who appeared on the iconic cover of Nirvana's album 'Nevermind' as a baby, has lost his lawsuit claiming that the image . A federal judge has dismissed a lawsuit filed by a man who said he had been sexually exploited by the grunge rock group Nirvana when the band used a photo of him as a baby, naked and drifting in a pool, for the cover of its seminal album Nevermind.. In 2016, he told Time Magazine that he "got a little upset" about his notoriety as he grew older. Just trust us when we say you wouldnt believe the difference! Thus locking my body into place permanently. Or so thats what I was told., The lawsuit alleged Elden has and will continue to suffer personal injury from the Defendants possession, transportation, reproduction, advertisement, promotion, presentation, distribution, providing, and obtaining of child pornography depicting him.. I don't even like the fact that it has a naked baby in the first place, so that alone bothers me. CNN has contacted these parties for comment. Yes, groups like Cock Fight are combing humor with anti-male genital mutilation messages. "He feels that everybody made money off it and he didn't," the photographer said. "It's always been a positive thing and opened doors for me," he told the Guardian six years ago. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. There wasn't too much fuss about the cover itself at the time in Australia but I did wonder why people weren't speaking up about the baby having been circumcised. Spencer Elden, who was pictured as a baby on the album cover ofNirvanas Nevermind, posed several times as an adult to recreate the photo. The man, Spencer Elden, claims he has attempted to contac. August 30, 2021 at 10:59 a.m. EDT. Get this delivered to your inbox, and more info about our products and services. 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. Elden recreated the photo more than once, the most recent being for the album's 25th anniversary. 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. CNNs Rob Picheta contributed to this report. "Nevermind" was back in the news last month when the . 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. "Nevermind," which celebrated its thirtieth anniversary last year, was released in 1991. It's sexual and only becomes exposable with puberty. Ithink its because of my penis a lot of the other babies were girls. However, he has sometimes expressed ambivalence about the photoshoot. Ms. Mabie said that Mr. Elden has long felt discomfort over the images and had expressed it in even earlier interviews when he was teenager. Mr. Elden said he was referred to managers and lawyers. Create an account to follow your favorite communities and start taking part in conversations. By Alyssa Rosenberg. 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. of water births but they were too graphic for the record company. I think in high school, I made a pretty good guess based on jokes some told about their dick(one guy made a cheese joke) and the reaction. Voices Nevermind the lawsuit - maybe the Nirvana baby deserves more than a dollar now he's a grown-up? Spencer Elden says he suffered lifelong damage after appearing on Nirvana's "Nevermind" cover. You can research this gross thing back to the stone age and its instinctively bizarre nature. 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. Sooner or later, I want to create a print of areal-deal re-enactment shot, completely naked. The filing claims Elden and his parents did not sign a release allowing the images to be used. Over the weekend, U.S. District Judge Fernando Olguin dismissed the lawsuit which alleged child pornography filed by Spencer Elden . "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. That bothers me even more than it already does, mainly because the head is so exposed when it should not be. Hopefully this description was apt enough to satiate your appetite for juicy details. Yeah realized this today and it pissed me off too. The performer, who died in 1994, said the sticker should read: If youre offended by this, you must be a closet pedophile.. In his initial lawsuit filed last August, Elden claimed the band along with co-defendants including Universal Music Group, the David Geffen Company, Courtney Love as executor of Kurt Cobains estate and photographer Kirk Weddle intentionally leveraged the shocking nature of his image as a naked 4-month-old baby swimming toward a dollar bill on a fishhook to make millions of dollars at his expense.. Key points: The cover of Nirvana's Nevermind is one of the most recognisable in rock music But the nude baby featured, now aged 30, says it is child exploitation material Spencer Elden is seeking damages from the band for producing and circulating the image The image shows Mr Elden as baby, swimming towards a US dollar bill on a fishhook. The man who, as a baby, was featured on the cover of Nirvana's "Nevermind" album is suing the former band members, the estate of Kurt Cobain and several . The family quickly forgot the photoshoot until, three months later, they saw the Nevermind album cover blown up on the wall of Tower Records in Los Angeles. Mr. Eldens past comments about the cover should not undermine his current claim that he was a victim of child pornography, she added. Bothers me that the kid's dick is visible at all. 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. Even my father, who was quite a heartless & violent prick believed circumcision was very wrong (he was born in 1953 and was circumcised). 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. The red dried fruit ends just can't imagine what a normal penis is. Idont know how anyone would recognise me. Now, however, Mr. Elden, 30, has filed a federal lawsuit against the estate of Kurt Cobain, the musicians former bandmates, David Grohl and Krist Novoselic, and Mr. Cobains widow, Courtney Love, among other parties. He also alleges the nude image constitutes child pornography. If you take 100 white guys all raised in the US ages 28-32, 5 to 15 of them are going to be intact. Mr. Elden was 4 months old when he was photographed in 1991 by a family friend, Kirk Weddle, at the Rose Bowl Aquatics Center in Pasadena, Calif. Usually, it turns out that he was baby on the cover of Nirvana's Nevermind. Non-sexualised photos of infants are generally not considered child pornography under US law. Spencer Elden, the 30-year-old artist who was photographed naked as a baby for the cover of Nirvana's "Nevermind" album, is still pursuing his federal personal . Elden never consented to the use of this image or the display of these images, she said. Imagine a baby with an exposed penis head. Non-consensual non-therapeutic circumcision is not ethical. A Warner Bros. Man shown as a baby on Nirvana's Nevermind album appeals ruling in band's favor. Individuals have a right to make their own decisions about genital modifications like nontherapeutic circumcision. In other interviews, he has been more upbeat about the image. Spencer Elden was 4 months old when he was photographed by a family friend in 1991 drifting naked in a pool. And I am also glad it wasnt for something like a Backstreet Boys album. He is ahuge music connoisseur: when he heard I was the Nirvana baby, he thought that was really cool. Image shown is a cropped version. I said to the photographer, Lets do it naked. But he thought that would be weird, so I wore my swim shorts, Elden tells The New York Post. Copyright 2023 Penske Business Media, LLC. Nirvana's 'naked baby' lawsuit dismissed. However, there was some concern because the boy's circumcised penis was visible in the image. Email weekend@theguardian.com, Original reporting and incisive analysis, direct from the Guardian every morning, I dont think my parents really gave me taking part in this shoot too much thought., y mum has a crazy story. Why be either excited or bothered for something so mundane? The judge dismissed the case with leave to amend meaning Elden and his lawyers have until Jan. 13 to refile the case. Last year he told the Guardian, Sooner or later, I want to create a print of a real-deal re-enactment shot, completely naked.. But in the lawsuit, Mr. Elden said he had suffered permanent harm because of his association with the album, including emotional distress and a lifelong loss of income-earning capacity.. Spencer Elden claims the nude image of him as an infant on the band's iconic album . Anyone can read what you share. In a complaint filed. 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. PARIS: Released 30 years ago this week, "Nevermind" was a generation-defining milestone that sold 30 million copies and made a tragic icon of Kurt Cobain.Ranked the most influential band of all time by US magazine Spin last year, Nirvana's ethos continues to reverberate in artists as varied as Billie Eilish, Lana Del Rey and Frank Turner. A Division of NBCUniversal. ), Roots Picnic 2023 Has Ms. Lauryn Hill, Diddy, Dave Chappelle, & Lil Uzi Vert. See ya in a few years, Spence. Read about our approach to external linking. Nirvana's album Nevermind has reached its 30th anniversary and is under more scrutiny than ever as a result of a lawsuit recently filed by the former cover-star.. Spencer Elden, the underwater . 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. I was born in 1978, had an older sister (Great source of musical education) so was one of those fucking annoying kids that was like I was into them before they were big.. 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. As a subscriber, you have 10 gift articles to give each month. Nevermind, the album by Nirvana, was released 20 years ago. T.I. My mum has a crazy story. The lawyers who filed the motion represent Nirvanas surviving members, Dave Grohl and Krist Novoselic; Kurt Cobains widow, Courtney Love; and Kirk Weddle, the man who photographed the cover image. "[When] I go to a baseball game and think about it: 'Man, everybody at this baseball game has probably seen my little baby penis,' I feel like I got part of my human rights revoked.". But there are factors under federal law that allow a judge or a jury to determine whether a photo of a minor constitutes a lascivious exhibition of the genitals, including if they were the focal point of a photo, Professor Graw Leary said. Spencer Elden, who. Two months after that, NPR's article said, "Geffen Records sent 1-year-old Spencer Elden a platinum album and a teddy bear". 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. Press question mark to learn the rest of the keyboard shortcuts. DGC Spencer Elden, the man whose unusual baby portrait was used for one of the most recognizable album covers of all time, Nirvana 's "Nevermind," filed a lawsuit Tuesday alleging that the. Kinda feel sorry for the kid for having parents who cut him, but not much else tbh. 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. They wrote: Elden has spent three decades profiting from his celebrity as the self-anointed Nirvana Baby., Lawsuit Accusing Nirvana of Sexually Exploitive Imagery Is Dismissed, https://www.nytimes.com/2022/01/04/arts/music/nirvana-baby-nevermind-cover-lawsuit.html. In their motion to dismiss, the lawyers for Nirvana said that Mr. Eldens lawsuit failed to meet the statute of limitations to file a complaint citing a violation of federal criminal child pornography statutes. Accordingly, plaintiffs action will be dismissed without leave to amend, said Fernando M. Olguin, United States District Judge for the Central District of California, in a ruling obtained by CNN. Even though he recreated the images later on in life, he was clothed and he was an adult and these were very different circumstances.. My parents took me down there, apparently they blew in my face to stimulate my gag reflex, dunked me in, took some pictures, and pulled me out. I remember thinking: "even those sort of parents circumcise?". I think it would be fun. Elden alleges his "true identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide from the time he was a baby to the present day". Its awful that it happened however its a thirty year old picture, lets focus on whats happening today. Im 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. It is as simple as that.. Mr. Weddle paid Mr. Eldens parents $200 for the picture, which was later altered to show the baby chasing a dollar, dangling from a fishhook. But it's always the record labels that make the money.". Mr. Elden, who declined to comment on his suit, said in a short documentary in 2015 that the album cover had opened doors for him. I heard there's a screenshot of her saying she regrets it. Elden tells the Post its cool but weird to be part of something so important that I dont even remember. Since the last recreation he got NEVERMIND tattooed on his chest to help him remember. 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. 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.. He sent a photographer to a pool for babies to take pictures take 100 guys., U.S. District judge Fernando Olguin dismissed the case to amend meaning Elden and his lawyers have until Jan. to. Having parents who cut him, but not much else tbh - SpunOut ambivalence about cover! Lil Uzi Vert head is so exposed when it should not undermine his current claim that he was to! 28-32, 5 to 15 of them are going to be part of something mundane! The stone age and its instinctively bizarre nature magazine that he was referred managers... It and he did n't, '' the photographer said whats happening today always the record.. 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