The lawsuit in opposition to Nirvana by the person who appeared on the cover of their 1991 album Nevermind when he was a baby has been dismissed.
Lawyers for Elden missed the deadline to file an opposition to Nirvana’s property’s request to dismiss the case, which was made in December.
Elden claimed in his lawsuit that he had been the victim of child sexual exploitation, and that the enduring Nevermind cover art was a toddler sexual abuse picture that had been “knowingly produced, possessed and advertised” by the band.
The cover picture reveals the toddler Elden in a swimming pool reaching for a greenback invoice together with his genitals uncovered. Elden has claimed that neither he nor his authorized guardians signed a launch authorising using “any images of Spencer or of his likeness”.
He additionally alleged that showing on the cover had induced him “extreme and permanent emotional distress with physical manifestations”.
Lawyers representing Dave Grohl, Krist Novoselic, Courtney Love (as executor of the Kurt Cobain property), photographer Kirk Weddle and UMG Recordings called for the case to be dismissed in a motion filed on 24 December.
They mentioned that Elden had “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby’”, together with recreating the picture for cash and having Nevermind tattooed on his chest.
They additionally claimed that he was promoting signed copies of the album on eBay and had used it as a line to choose up girls.
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“Elden’s claim that the photograph on the Nevermind album cover is ‘child pornography’ is, on its face, not serious,” a joint assertion mentioned.
“A brief examination of the photograph, or Elden’s own conduct (not to mention the photograph’s presence in the homes of millions of Americans who, on Elden’s theory, are guilty of felony possession of child pornography) makes that clear.”
The court docket has mentioned it’s going to “grant defendants’ motion and give plaintiff one last opportunity to amend his complaint” by 13 January.