The cover art on Nirvana’s triple-diamond selling album, Nevermind has become one of the most well-known pictures in rock history. However, if it is submitted in time, then Nirvana’s estate has until January 27, 2022, to respond. 2 min read Aug2:07PM Spencer Elden who was pictured as a four-month-old baby on the cover of Nirvana’s 1991 album Nevermind, is suing the band claiming he was sexually exploited. If Elden’s team misses the deadline for the second time, he won’t be able to refile again. The court said it will “grand defendants’ Motion and give plaintiff one last opportunity to amend his complaint.” Olguin dismissed the suit “with leave to amend.” The suit was thrown out because Elden’s legal team didn’t file an opposition to the Nirvana estate’s request in time.Īlthough they missed the December 30, 2021, deadline, Elden’s team has until January 13, 2022, to refile a second complaint. District Court in Central California on Monday, and Judge Fernando M. He’s suing Nirvana for lifelong damages.”īill Maher to “Nirvana Baby” Spencer Elden: “Stop being such a f**king baby” “The baby from the Nirvana album says he’s a victim. “The words ‘victim’ and ‘survivor’ have traveled a long way from their original usage,” says Maher. The lawsuit says the photo, allegedly chosen by Nirvana's late frontman, Kurt Cobain, suggests a "sex worker grabbing for a dollar bill.Elden’s lawsuit also elicited strong words from actor and television host Bill Maher, who dismissed Eden’s claims he is a victim, reports Consequence. The album cover photo depicts Elden, who was 4 months old at the time the picture was taken, naked and swimming in a pool as a dollar bill dangles in front of him on a fishing hook. … Despite this knowledge, defendants failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking." In a complaint filed in the Los Angeles federal court, Elden alleges his "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."Īccording to the suit, the defendants "knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so. If you want to dispute that, I’m not listening until after you go get vaccinated, genius, and then I’m still not listening because the statute of limitations has obviously run. § 2256(8)), which is not what the cover of Nevermind depicts. In a lawsuit filed Tuesday, Spencer Elden, now 30, alleges the band violated federal child pornography laws and claims that his parents never signed a release allowing Nirvana to use the photo, CBS Los Angeles reports. This is setting aside the fact that the statute only applies to depictions of a minor engaging in sexually explicit conduct (18 U.S.C. 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 others over the famous naked photograph.