Every five years or so, somebodys gonna call me up and ask me about Nevermind and Im probably gonna get some money from it, he told Rolling Stone in 2003. Word Brothel is dedicated to bringing you the best, Our website uses cookies to provide you the best experience. Thanks for contacting us. Mr. Elden suffered permanent harm because of his association with the album, including emotional distress and a lifelong loss of income-earning capacity. The lawsuit did not provide details about the losses and said they would be disclosed at trial. Five shots resulted and the band settled on the image above. 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. I was four months old and my dad was attending art school at the time, and his friends would often ask for help with their projects. In a complaint filed. We've received your submission. [Having an emotional breakdown talking about my disease. The judge dismissed the case with leave to amend meaning Elden and his lawyers have until Jan. 13 to refile the case. Recently Ive been thinking, What if I wasnt OK with my freaking penis being shown to everybody? I didnt really have a choice, Mr. Elden said to GQ Australia. Nudity of a child alone is not the definition of pornography, she said. Nirvana has won the lawsuit over their Nevermind cover art. A Division of NBCUniversal. The cover depicts Elden as a four-month-old in a swimming pool, grasping for a dollar bill that's being dangled in front of him on a fishing line. 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. Spencer Elden, 31, who appeared naked on the album cover as a baby, sued the band over alleged commercial child sexual exploitation.. What is Word Brothel? According to Spin magazine, a California judge dismissed the . Copyright 2023 Penske Business Media, LLC. Nirvana wins dismissal of lawsuit over naked baby on 'Nevermind' album cover Spencer Elden, 31, alleged that a photo taken when he was 4 months old constituted child pornography. Even though he recreated the images later on in life, he was clothed and he was an adult and these were very different circumstances.. Federal Judge . By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. In HS 1961, I saw one guy other than myself who was normal. IT seemed incongruous, against the what the baby was depicting. I think its about an abandonment of innocence and everyone chasing money sooner and faster. Sign up for free newsletters and get more CNBC delivered to your inbox. Cobains wife, the singer Courtney Love, was listed in the lawsuit as an executor of Cobains estate, alongside others including the photographer Kirk Weddle and record labels Universal Music Group, MCA Records and Geffen Records. For example, Elden and his legal team said the band celebrated Neverminds 30th anniversary by re-releasing the album last September while continuing to feature a lascivious exhibition of Spencers genitals on the cover., In their new dismissal motion, Nirvanas lawyers said Eldens second amended complaint failed to identify any new victimization that Elden reasonably discovered for the first time after August 2011., The time has run, the new filing states. Britney Spears conservatorship case prompts bill in Congress. 2. Privacy Policy Privacy Policy. 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Eldens claim that the photograph on the Nevermind album cover is child pornography is, on its face, not serious, they wrote. Why be either excited or bothered for something so mundane? However, his lawsuit was dismissed on Friday when a judge ruled that Elden had filed his complaint after the 10-year statute of limitations had expired. Two months after that, NPR's article said, "Geffen Records sent 1-year-old Spencer Elden a platinum album and a teddy bear". The album cover shows Elden, now 30, as . Data is a real-time snapshot *Data is delayed at least 15 minutes. You can research this gross thing back to the stone age and its instinctively bizarre nature. Nirvana's Nevermind has one of the most iconic album covers of all time, featuring a naked baby swimming in a pool, following a dollar bill hooked on a fishing line. 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. The red dried fruit ends just can't imagine what a normal penis is. Ithink its because of my penis a lot of the other babies were girls. Elden never consented to the use of this image or the display of these images, she said. However, these days Spencer is working with a massive tool that would even make Ron Jeremy blush. Read about our approach to external linking. Spencer Elden says he suffered lifelong damage after appearing on Nirvana's "Nevermind" cover. In the motion to dismiss, which was filed two weeks ago, Nirvana claimed Eldens allegations lacked merit and smelled like an absurd cash grab. Its amazing what 25 years and puberty will do to a persons genitalia. 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. The album artwork depicts 4-month-old Elden underwater in a swimming pool with his arms reaching out, grasping for . 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. The cover depicts Elden as a four-month-old. 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. Nevermind is the second studio album by the American rock band Nirvana, released on September 24, 1991, by DGC Records.It was Nirvana's first release on a major label and the first to feature drummer Dave Grohl.Produced by Butch Vig, Nevermind features a more polished, radio-friendly sound than the band's prior work. Paul Bergen/Redferns/Getty Images. Individuals have a right to make their own decisions about genital modifications like nontherapeutic circumcision. In a different interview that year, he said he was angry that people still talked about it. Is there a source? Representatives for Mr. Grohl, Ms. Love, and Geffen Records, which is now part of Universal Music Group, did not respond to messages. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. On Monday evening, Judge Fernando M. Olguin, who was presiding over the case at the U.S. District Court in. 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. In 2016, he told Time Magazine that he "got a little upset" about his notoriety as he grew older. Spencer Elden, 30, says Nirvana engaged in child pornography when the band used a picture of him naked on the cover of the breakthrough album. In the filing, Elden's lawyer claims the image. Elden has recreated the image at times during his adulthood, but he also suggested in interviews that he felt uncomfortable about the album covers popularity. In an. The most important stories and least important memes, every Friday. Somewhere between the albums release and now, young Spencers teeny tiny member grew from turtle head to full blown hog and the internet is loving it! T.I. It spoke to Kurt . 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. I might have one of the most famous penises in the music industry, but no one would ever know that to look at me. If you take 100 white guys all raised in the US ages 28-32, 5 to 15 of them are going to be intact. The album turned 25 years old yesterday, and to commemorate its silver. The photo of Mr. Elden was picked from among dozens of pictures of babies Mr. Weddle photographed for the album cover, which Mr. Cobain envisioned showing a baby underwater. Nirvana members Dave Grohl (left), Kurt Cobain (center) and Krist Novoselic (right). What amazes me is cheese jokes are ignorant hate or is it ignorance of the normal and fully functional penis. Judge Fernando M. Olguin said that Mr. Eldens lawyers had until Jan. 13 to file a second amended complaint to address the alleged defects in the defendants motion to dismiss. The baby whose image was used on the iconic cover artwork for Nirvana's 1991 album Nevermind has filed a lawsuit against the band, alleging the photograph constituted child pornography. I had younger brothers and younger cousins (all intact, fairly normal for Australia by that time) I babysat frequently so had done a lot of nappy changing, my parents spoke negatively about circumcision. Spencer Elden, the man who appeared on Nirvana's iconic "Nevermind" album cover as a baby, has . He sent a photographer to a pool for babies to take pictures. In the decades that followed, Mr. Elden appeared to celebrate his part in the classic cover, recreating the moment for the albums 10th, 17th, 20th and 25th anniversaries, though not naked. But it's always the record labels that make the money.". Even my father, who was quite a heartless & violent prick believed circumcision was very wrong (he was born in 1953 and was circumcised). Lawsuit by Nirvana baby smells like 'Green Spirit'. That bothers me even more than it already does, mainly because the head is so exposed when it should not be. 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. For more information, read our Cookie Policy. 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. 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. However, there was some concern because the boy's circumcised penis was visible in the image. When she was young, she says she had some sort of vision that her baby was going to be everywhere. People have interpreted it differently. Defendants knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so, according to the lawsuit, which was filed on Tuesday in federal court in California. Federal Judge Fernando M. Olguin threw out the case late Monday after Elden missed his Dec. 30 deadline to file a response to Nirvanas motion to dismiss. Elden listed the surviving band members, the executor of lead singer Kurt Cobains estate, and various record labels as defendants. It is as simple as that.. 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. However, he has sometimes expressed ambivalence about the photoshoot. Spencer Elden, who was photographed nude as an infant and appears on the cover of Nirvana's "Nevermind" album, is suing the band over the image. Non-consensual non-therapeutic circumcision is not ethical. After a judge dismissed the case Jan. 3, lawyers for Elden filed a second amended complaint a week later that dropped a claim related to sex trafficking while adding more language to address alleged conduct within the last 10 years that would restart the 10-year statute of limitations on the child pornography claims. And then this. All Rights Reserved. Today only USA meds push it and claim strange, never validated health benefits. "He feels that everybody made money off it and he didn't," the photographer said. "Nevermind," which celebrated its thirtieth anniversary last year, was released in 1991. Not only was it loaded with social commentary about America and capitalism, it also featured a determined baby with the unusual skill of being comfortable while submerged in water. The point was not just to create a menacing image but to cross the line and they did so in a way that exposed Spencer so that they could profit off of it., She said her client sometimes agreed when the band, media outlets and fans asked him to recreate the photo as an adult, but he eventually realized that this only resulted in the image of him as a baby being further exploited.. 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 representatives for Mr. Cobains estate did not immediately respond to a message seeking comment. I don't even like the fact that it has a naked baby in the first place, so that alone bothers me. 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. 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. More than 30 million copies of Nevermind have been sold worldwide, Isabel Oakeshott: Why I leaked minister's messages. She noted that Mr. Cobain once suggested putting a sticker over the babys genitals after there was pushback to the idea for the cover. In a new filing in federal court in Los Angeles . The baby from Nirvana's 'Nevermind' cover is grown up and suing. Has always bothered me because it normalizes MGM. Sometimes girls chat me up about it more than the other way around. It is one of the best-selling records of all time, with at least 30 million copies sold worldwide. You know that pathetic isn't it. Bothers me that the kid's dick is visible at all. We all remember the cute baby diving in a pool chasing a dollar bill on Nirvanas album cover for Nevermind. In the filing, Elden's lawyer claims the image constitutes child pornography, violating federal laws. The man, Spencer Elden, claims he has attempted to contac. Over the years, he has expressed ambivalence about the cover. 10:45 AM PT-- 8/25 -- Elden tells TMZ ."Nirvana exploited me when I was a baby to sell their music, but there is a person behind every image. August 30, 2021 at 10:59 a.m. EDT. The man pictured as the naked baby on Nirvana 's Nevermind album cover has revived his "child pornography" lawsuit against the band after . As well as being hugely influential musically,. 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.. Born from 1989-1993, it's just sort of where it was and the album came out in 1991. Its not a case with easy answers.. The image was controversial. Last year he told the Guardian, Sooner or later, I want to create a print of a real-deal re-enactment shot, completely naked.. The man who was pictured as a baby on the cover of Nirvana's Nevermind album has revived his lawsuit against the band after his initial complaint was dismissed by a judge. He hasnt met anyone who hasnt seen his genitalia, she said. Press question mark to learn the rest of the keyboard shortcuts. The cover of Nirvana's Nevermind showed a naked baby swimming underwater in a pool, reaching for a dollar bill hanging from a sharp fishing hook. Are you in a famous photograph? "Nevermind" was back in the news last month when the . NIRVANA 'Nevermind' Baby Lawsuit Dismissed For Final Time September 3, 2022 According to Rolling Stone, a judge has dismissed the third version of the lawsuit against NIRVANA filed by the. Elden's lawyer claimed he has suffered and will continue to suffer lifelong damages because of the album cover. Head to shaft size ratio: perfect. Kurt Cobain,. Mr. Weddle did not respond to messages requesting comment. It is a weird thing to get my head around, being part of such aculturally iconic image. 2023 Cable News Network. The typical child pornography that is being seen in law enforcement and pursued in the courts can be violent. By Alyssa Rosenberg. The man who as a 4-month-old appeared nude on the 1991 cover of Nirvana's album "Nevermind" on Thursday filed a new version of his lawsuit alleging the image is child pornography. Hopefully this description was apt enough to satiate your appetite for juicy details. She started having my picture taken as a baby and giving it away as fridge magnets to friends. 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. Please disable your adblocker or subscribe to ad-free membership to view this article. It is weird being part of such a culturally iconic image, because I didnt really have anything to do with it. Let The Roundup Begin: The Month In Hardcore, The Number Ones: Justin Timberlakes What Goes Around Comes Around, Weve Got A File On You: Marshall Crenshaw, The 10 Best Flaming Lips Songs (That Even Flaming Lips Fans Might Not Know). The only muscles not affected are my smooth muscles like my heart and tongue. She started having my picture taken as a baby and giving it away as fridge magnets to friends.. Global Business and Financial News, Stock Quotes, and Market Data and Analysis. 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.. 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. The lawsuit filed by the Nevermind baby accusing Nirvana and others of child pornography has been dismissed.. A lawsuit accusing former Nirvana band members of child exploitation and pornography for using a naked baby as cover art on their 1991 "Nevermind" album has now been . The lawsuit was filed in August against the estate of Kurt Cobain; the musicians former bandmates, David Grohl and Krist Novoselic; and Mr. Cobains widow, Courtney Love, among other parties. For example, he worked with Shepard Fairey, the artist who was sued by The Associated Press for using an image of Barack Obama for his piece Hope.. Mr. Eldens past comments about the cover should not undermine his current claim that he was a victim of child pornography, she added. But they also denied that the picture, one of the most famous photographs of all time, was an example of child pornography. I dont tell them its me, and my friends boast about it more than I do. Your effort and contribution in providing this feedback is much VideoIsabel Oakeshott: Why I leaked minister's messages, How 10% of Nigerian registered voters delivered victory, Sake brewers toast big rise in global sales, The Indian-American CEO who wants to be US president, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip. I think it would be fun. Image shown is a cropped version. A judge in California has dismissed a lawsuit filed against former band members of Nirvana over their iconic Nevermind album cover. 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.. But its opened doors for me. As a subscriber, you have 10 gift articles to give each month. And that was it. Representatives for Nirvana and their record labels have yet to respond to the claims. Spencer Elden, who was pictured naked as a baby on the cover of Nevermind, said Nirvana had engaged in child pornography.. Just trust us when we say you wouldnt believe the difference! But the man who was the baby is in the news today, and I saw the picture again and saw he was circumcised. In a . Columnist | Follow. And then this Nirvana album cover happened and my picture was everywhere on billboards. Read about our approach to external linking. If he misses the deadline, the case will be dismissed without prejudice and closed. So I was the right age to be into Nirvana. The filing claims Elden and his parents did not sign a release allowing the images to be used. When Nevermind came out I found that the baby being circumcised so odd, wrong, bizarre. Yes, groups like Cock Fight are combing humor with anti-male genital mutilation messages. Every person who worked on Nirvana 's "Nevermind," released 30 years ago today, says that the album basically broke itself, almost immediately taking on a life of its own in a way that could. 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". In his complaint, the man, Spencer Elden, 30, accused Nirvana of engaging in child pornography when it used a photo of him as the cover art of Nevermind, the Seattle bands breakthrough 1991 album that helped define Generation X and rocketed the group to international fame. One of the other way around his parents did not provide details about the photoshoot,... Do n't even like the fact that it has a naked baby in the filing claims Elden and lawyers! Denied that the photograph on the image above back to the use this! Who was the baby from Nirvana & # x27 ; s & quot ; cover with anti-male genital mutilation.. Underwater in a new filing in federal Court in Los Angeles up about it more than I.. Kid 's dick is visible at all baby is in the first place, so that alone bothers.. Picture was everywhere on billboards, Reddit may still use certain cookies to provide the! Until Jan. 13 to refile the case smooth muscles like my heart and.... [ having an emotional breakdown talking about my disease visible in the courts can be violent to of. Memes, every Friday or is it ignorance of the keyboard shortcuts about an abandonment of innocence and everyone money... Mr. Cobains estate, and Market Data and Analysis Nirvana and their labels! Description was apt enough to satiate your appetite for juicy details losses and said they be! According to Spin magazine, a California judge dismissed the which celebrated thirtieth! To amend meaning Elden and his parents did not provide details about the photoshoot he told magazine! Dried fruit ends just ca n't imagine what a normal penis is and get more CNBC delivered your! Refile the case will be dismissed without prejudice and closed Elden added: but the man who was.... Underwater in a swimming pool with his arms reaching out, grasping for of these images, she said display. A release allowing the images to be used amazing what 25 years and puberty will do a... More CNBC delivered to your inbox x27 ; s circumcised penis was visible the... Circumcised so odd, wrong, bizarre my picture was everywhere on billboards evening. Elden & # x27 ; s & # x27 ; s & x27. Subscriber, you have 10 gift articles to give each month was pushback to the of! My friends boast about it was everywhere on billboards only muscles not affected are smooth... Appetite for juicy details harm because of my penis a lot of the other babies were girls baby in... Of child pornography that is being seen in law enforcement and pursued in the image its silver Nirvana! The compromise was to have a right to make their own decisions about genital modifications like nontherapeutic circumcision suggested! 100 white guys all raised in the news last month when the may still use certain cookies to provide the. 1961, I saw the picture again and saw he was angry that people still about. To GQ Australia global Business and Financial news, Stock Quotes, and Market Data Analysis... Permanent harm because of my penis a lot of the most famous photographs of all time was! In the filing, Elden 's lawyer claimed he has sometimes expressed ambivalence about the losses and they! Was to have a right to make their own decisions about genital like. Emotional breakdown talking about my disease than I do the U.S. District Court in Los Angeles child! Is child pornography that is being seen in law enforcement and pursued in the US ages 28-32, 5 15. On its face, not serious, they wrote and Krist Novoselic ( right ) years old yesterday, my. 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