Nirvana baby refiles lawsuit over 'child pornography' album cover
A case that feels like it began in utero
Elden, 30, first alleged the claims of child pornography back in September, seeking over $2.5 million in "lifelong damages" from a total of 17 defendants involved in the case. He accused all those involved in "trafficking" his image on the iconic Nevermind cover worldwide.
Despite having lost the initial child exploitation case earlier this month, court papers acquired by Deadline indicate that he has refiled the lawsuit and had simply failed to file the adequate documents on January 3rd, with Los Angeles federal court allowing to him to once again lodge the complaint.
The lawsuit alleges that the three members of the long-defunct band and all of those involved “knowingly produced, possessed and advertised commercial child pornography depicting Spencer".
As the living members of the band and the music world alike celebrated the 30th anniversary of their sophomore album, Elden asked for the cover not to be used in the reissue of the record - Geffen Records and UMG (Universal Music Group) did not oblige.
It goes on to suggest that "they knowingly received value in exchange for doing so [...] Despite this knowledge, defendants failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking.”
Elden’s parents were paid a quick $200 for the image at the time but never signed an official release authorising the use of the photos taken of their four-month-old son back in 1990.
On the other hand, the defence has already pointed out that not only has Elden previously embraced his part in Nirvana's legacy, recreating the cover on its 25th anniversary, but he even has a Nevermind tattoo.
Nevertheless, Elden wants $150,000 from each defendant and the lawsuit itself suggests a “sex worker grabbing for a dollar bill” and even alleges that photographer Kirk Weddle "activated Spencer’s ‘gag reflex’ before throwing him underwater".
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