The man from the ‘Nevermind’ album photo is giving his complaint another shot in court
Spencer Elden, now 30, has met a deadline to relaunch his complaint against Nirvana, claiming the image they used of him as a baby is in fact “child pornography.”
In court filings submitted on Wednesday, Elden restates his position that the rock band “intentionally” marketed an image that constitutes “child pornography” to promote their 1991 album.
While the complainant alleges the band earned “tens of millions of dollars” from ‘Nevermind’, he claims to have suffered “permanent emotional distress” after being pictured nude in a swimming pool.
“Like creators of other controversial album covers, the defendants sought to garner attention by using a sexually explicit image that intentionally focused on Spencer’s carefully positioned enlarged genitals,” Elden’s lawyers argued.
Further chastising the band, Elden’s legal representatives argued “the image of Spencer with his naked genitals displayed while grabbing at money resembles the actions of a sex worker.”
Nirvana has rejected all of the claims made by Elden, calling his lawsuit “not serious” and arguing that, until recently, he appeared to enjoy being known as the “Nirvana baby.”
“Elden’s claim that the photograph on the ‘Nevermind’ album cover is ‘child pornography’ is, on its face, not serious,” the band’s lawyers said, stating that, if Elden’s claims were proven true, it would make anyone who owns the record “guilty of felony possession of child pornography.”
The judge rejected the lawsuit at the start of January after Elden’s lawyers failed to respond to Nirvana’s request for dismissal by a December 30 deadline. Judge Fernando M. Olguin didn’t rule on the merits of either side’s position, leaving the door open for Elden to refile his case, which he has now done.
Elden is seeking at least $150,000 from each of the defendants, including the surviving band members, Kurt Cobain’s estate, Cobain’s former wife, record labels Geffen and Universal Music, and the photographer Kirk Weddle.
source: RT
Împotriva articolelor redacției noastre, persoanele nemulțumite pot formula Contestație în termen de 10 zile de la publicarea articolului, la judecătoria Orășenească nr. 1 München Bayern Deutschland, in conformitate cu Legea federală Germană. Considerăm că nu se pot formula acțiuni la instanțele din România deoarece nici o persoană care activează în trustul nostru nu poate fi extrasă de sub jurisdicția federală germană. Considerăm că redacția noastră nu răspunde în fața autorităților din România ci doar celor federale sau civile germane. deoarece legea română nu are efecte de extraneitate asupra redacției chiar dacă subiectul știrilor face obiectul unor evenimente sau persoane din România și sunt scrise în limba română. Limba română nu este izvor de extraneitate a legii.
