Baby Model on Album Cover Files "Sexual Exploitation" Lawsuit
Court: "A Reasonable Jury Would Not View the Photo as Obscene"
The lawsuit filed by Spencer Elden, who appeared as a naked baby on the cover of legendary rock band Nirvana's iconic 1991 album "Nevermind," has been dismissed once again by a U.S. court.
According to local media including CNN, on October 1 (local time), Judge Fernando Olguin of the U.S. District Court in Los Angeles, California, dismissed Elden's recent damages lawsuit. In the ruling, Judge Olguin stated, "A reasonable jury would not consider the photo to be obscene," adding, "This image is no different from a family photograph of a child at bath time."
Controversy Over the Iconic Album Cover...Lawsuit Since 2021
Released in 1991, "Nevermind" became a monumental album that led the grunge rock movement, selling over 30 million copies worldwide thanks to hits like "Smells Like Teen Spirit."
The album cover features a baby swimming underwater toward a one-dollar bill attached to a fishhook, an image widely interpreted as a satire of capitalism. The cover was also ranked seventh on Billboard's list of the "50 Greatest Album Covers of All Time."
The photoshoot was proposed by photographer Kirk Weddle, and at the time, Nirvana paid Elden's parents a usage fee of $200 (about 260,000 won). In 2016, to mark the 25th anniversary of the album's release, Elden recreated the pose for a commemorative photo, remarking, "It's amazing that five minutes of action back then became such a symbolic image for people." However, in 2021, he filed his first lawsuit, claiming that the use of his naked image on the cover constituted child sexual exploitation.
Nirvana's Side: "Worthless Lawsuit Has Ended"
Spencer Elden, commemorating the 25th anniversary of the release of "Nevermind," took a commemorative photo in the exact same pose as back then. Nirvana X (X, formerly Twitter) capture
At the time, he sought $150,000 (about 200 million won) in damages from each defendant, including Courtney Love, the widow of the late Nirvana member Kurt Cobain, and record label Universal Music. However, in 2022, the court dismissed the case, stating that the statute of limitations had expired since more than ten years had passed since the album's release.
Later, the federal appeals court sent the case back to the district court, noting that the "Nevermind" album had been re-released until recently, which required a new review of the statute of limitations issue. However, with the latest dismissal, the long-running controversy has again tilted in Nirvana's favor.
Nirvana's side has consistently argued that "this lawsuit is baseless." Burt Deissler, attorney for Nirvana, stated, "We are grateful that the court has put an end to a worthless lawsuit and freed our creative client from false allegations."
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