Press question mark to learn the rest of the keyboard shortcuts. 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. In HS 1961, I saw one guy other than myself who was normal. She noted that Mr. Cobain once suggested putting a sticker over the babys genitals after there was pushback to the idea for the cover. Lawsuit by Nirvana baby smells like 'Green Spirit'. 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. A brief examination of the photograph, or Eldens own conduct (not to mention the photographs presence in the homes of millions of Americans who, on Eldens theory, are guilty of felony possession of child pornography), makes that clear., Instead, they said, the photograph evokes themes of greed, innocence and the motif of the cherub in Western art.. And hey, looks like he still was! 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. They get away with it because in 1960's 90 percent of men were cut. A judge in California has dismissed a lawsuit filed against former band members of Nirvana over their iconic Nevermind album cover. Mr. Elden said he was referred to managers and lawyers. The photograph became one of the most enduring images in rock music. I dont think my parents really gave my taking part in this shoot too much thought. The man who, as a baby, was featured on the cover of Nirvana's "Nevermind" album is suing the former band members, the estate of Kurt Cobain and several . In 2016, he told Time Magazine that he "got a little upset" about his notoriety as he grew older. Word Brothel is dedicated to bringing you the best, Our website uses cookies to provide you the best experience. An Italian guy stopped me and said, Youre the Nirvana baby! which Ithought was the craziest thing. I'm just asking the band to do what they should have . Why not? 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.. Last year he told the Guardian, Sooner or later, I want to create a print of a real-deal re-enactment shot, completely naked.. Eldens claim that the photograph on the Nevermind album cover is child pornography is, on its face, not serious, they wrote. It spoke to Kurt . August 26, 2021 / 7:47 AM / CBS News. Federal Judge . The man, Spencer Elden, claims he has attempted to contac. A federal judge has dismissed a lawsuit filed by a man who said he had been sexually exploited by the grunge rock group Nirvana when the band used a photo of him as a baby, naked and drifting in a pool, for the cover of its seminal album Nevermind.. I always say, [My penis has] changed, do you want to see it?, he told CNN in 2011. The foreskin is not pathological, a deformity or a defect. 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. 2023 Cable News Network. Spencer Elden, who appeared as a naked baby on the cover of Nirvana's 1991 album "Nevermind," has claimed the record's iconic artwork is child pornography and is suing the band over alleged. Elden claimed the artwork constituted child sexual abuse and that hed suffered lifelong damage from having his naked body plastered on the album cover. On Friday, a California judge dismissed a child pornography lawsuit filed by Spencer Elden who was photographed naked as a baby for the cover of the band's 1991. It is weird being part of such a culturally iconic image, because I didnt really have anything to do with it. Best thing about being raised up into Catholicism tbh. Did you encounter any technical issues? I would never go up to anyone wearing a Nirvana T-shirt and say, Hey, thats me, but I was once recognised on a bridge in Venice when I was there for the Biennale. He is a huge music connoisseur: when he heard I was the Nirvana baby, he thought that was really cool.". Spencer Elden says he suffered lifelong damage after appearing on Nirvana's "Nevermind" cover. According to the lawsuit, Nirvana sold more than 30 million copies of "Nevermind.". We all remember the cute baby diving in a pool chasing a dollar bill on Nirvana's album cover for Nevermind. Spencer Elden, the 30-year-old artist who was photographed naked as a baby for the cover of Nirvana's "Nevermind" album, is still pursuing his federal personal . In a new filing in federal court in Los Angeles . Representatives for Nirvana and their record labels have yet to respond to the claims. A federal court in California has dismissed a lawsuit alleging that the cover artwork of rock band Nirvanas 1991 album Nevermind constituted child pornography. Its not a case with easy answers.. People have interpreted it differently. Thanks for contacting us. Five shots resulted and the band settled on the image above. Now that baby is all grown up and, believe it or not, so is his penis. 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. However, by continuing to use our website, you agree to our use of cookies. When she was young, she says she had some sort of vision that her baby was going to be everywhere. 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. Man shown as a baby on Nirvana's Nevermind album appeals ruling in band's favor. However, there was some concern because the boy's circumcised penis was visible in the image. 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.. Nirvana sued by the baby from Nevermind cover. The performer, who died in 1994, said the sticker should read: If youre offended by this, you must be a closet pedophile.. Eldens claim that the photograph on the Nevermind album cover is child pornography is, on its face, not serious, Nirvanas lawyers said. All Rights Reserved. Idont know how anyone would recognise me. On Monday evening, Judge Fernando M. Olguin, who was presiding over the case at the U.S. District Court in. And I am also glad it wasnt for something like a Backstreet Boys album. IT seemed incongruous, against the what the baby was depicting. Spencer Elden was an infant when he was photographed naked by a family friend for the cover of Nirvana's Nevermind album cover. The lawsuit said that Mr. Elden is seeking $150,000 from each of the 15 people and companies named in the complaint, including Kirk Weddle, the photographer who took the picture. The man who was pictured as a baby on the cover of an iconic Nirvana album is appealing his lawsuit against the . Its amazing what 25 years and puberty will do to a persons genitalia. 2. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Why be either excited or bothered for something so mundane? In the motion to dismiss, which was filed two weeks ago, Nirvana claimed Eldens allegations lacked merit and smelled like an absurd cash grab. We want to hear it. 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. Almost 50 Years After Knockin On Heavens Door God Still Wont Let Bob Dylan Die, Blues Musicians Now Prospering Life Threatens Career, Green Day Strikes It Rich, Finds Worlds Largest Oil Field, The Devil Who Went Down To Georgia Announces Hes Voting Blue, 10 Passive-Aggressive Gifts To Get Your Downstairs Neighbor Who Is Attempting To Record A Metal Album In His Apartment, Florida Bans All Books DeSantis Hasnt Memorized Word For Word So Nobody Finds Out He Cant Read, Sad! Sign up for free newsletters and get more CNBC delivered to your inbox. The filing claims Elden and his parents did not sign a release allowing the images to be used. 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Sooner or later, I want to create a print of areal-deal re-enactment shot, completely naked. Global Business and Financial News, Stock Quotes, and Market Data and Analysis. 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. Nirvana's album Nevermind has reached its 30th anniversary and is under more scrutiny than ever as a result of a lawsuit recently filed by the former cover-star.. Spencer Elden, the underwater . The cover depicts Elden as a four-month-old. CNN has contacted these parties for comment. He claimed that they, along with Geffen Records, which released Nevermind, profited from his naked image. 5. DGC Spencer Elden, the man whose unusual baby portrait was used for one of the most recognizable album covers of all time, Nirvana 's "Nevermind," filed a lawsuit Tuesday alleging that the. Mr. Elden was 4 months old when he was photographed in 1991 by a family friend, Kirk Weddle, at the Rose Bowl Aquatics Center in Pasadena, Calif. Elden's lawyer said that there were at least 40 or 50 photos taken at the time, but the image chosen depicted Elden "like a sex worker grabbing for a dollar bill that is positioned dangling from a fishhook in front of his nude body.". appreciated. His lawyers have also included an statement from Robert Fisher, an art . "[When] I go to a baseball game and think about it: 'Man, everybody at this baseball game has probably seen my little baby penis,' I feel like I got part of my human rights revoked.". 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. In their prior Dec. 22 motion to dismiss the first amended complaint, Nirvanas lawyers argued that Eldens willingness to associate himself with the Nevermind cover over the years such as selling autographed copies of the cover and at one point recreating the photograph as an adult for a paying gig proved he didnt suffer any damages. Data is a real-time snapshot *Data is delayed at least 15 minutes. So his friend the photographer Kirk Weddle called him and said, Doyou want to make some money today and throw your kid in the pool? And he agreed. Are you in a famous photograph? The album artwork depicts 4-month-old Elden underwater in a swimming pool with his arms reaching out, grasping for . In a ruling issued Monday Jan. 3, Judge Fernando M. Olguin tossed the case after the . The lawsuit did not provide details about the losses but said that Nirvana, the producers of the album and others had all profited from the albums sales at the expense of Mr. Eldens privacy. With circumcision scars all healed up and pubic hair grown in to accent his piece, this is one beautiful cock were talking about now (and the balls dropped quite nicely to boot). CNN Sans & 2016 Cable News Network. Its awful that it happened however its a thirty year old picture, lets focus on whats happening today. Since we were unable to legally obtain a picture of the much talked about penis, it is our duty to briefly describe what youre missing out on. A federal judge in Los Angeles has dismissed a lawsuit by a man who said the grunge rock group Nirvana sexually exploited him in its 1991 album Nevermind, which features a photo of him as a naked, four-month-old baby. Elden had expressed mixed feelings about the album cover, but never called it child pornography before. Nirvana and Kurt Cobain's Estate Accused of Child Pornography By Baby Pictured on 'Nevermind' Cover Woman Who Previously Accused Snoop Dogg of Sexual Assault Refiles Lawsuit After Dropping It. In other interviews, he has been more upbeat about the image. Also, the composition seemed very natural. Eldens lawyer told CNN he plans to appeal the dismissal. 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". Itd be nice to have a quarter for every person that has seen my baby penis, he said in a New York Post interview in 2016. For Elden, this is strike three. A California judge on Monday tossed a lawsuit filed against Nirvana by the man who appeared as a naked baby on the cover of their breakthrough album "Nevermind." Spencer Elden, now 30, filed. 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. 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. 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. 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. A judge has dismissed a lawsuit against Nirvana made by Spencer Elden, who appeared as a naked baby on the cover of the band's classic 1991 album Nevermind, Spin magazine reports. I was born in 1978, had an older sister (Great source of musical education) so was one of those fucking annoying kids that was like I was into them before they were big.. Representatives for Mr. Grohl, Ms. Love, and Geffen Records, which is now part of Universal Music Group, did not respond to messages. Britney Spears conservatorship case prompts bill in Congress. Not too veiny, but just enough to let you know blood is pumping through and it is ready to do its thing! What amazes me is cheese jokes are ignorant hate or is it ignorance of the normal and fully functional penis. Video, Isabel Oakeshott: Why I leaked minister's messages, recounted the photo shoot to US radio network NPR, Weddle said he was still in contact with Elden, Olivia Rodrigo gives Paramore credit for Good 4 U, Love Island: ITV boss dismisses record complaints, Kanye West files to officially change name to Ye, Harry and Meghan told to 'vacate' Frogmore Cottage, Whiskey fungus forces Jack Daniels to stop construction, Explosive found in check-in luggage at US airport, Messages reveal battle over Covid school policy, Rare Jurassic-era bug found at Arkansas Walmart, India PM Modi urges G20 to overcome divisions, Aboriginal spears taken in 1770 to return to Sydney, Covid messages leak a massive betrayal - Hancock. The album turned 25 years old yesterday, and to commemorate its silver anniversary, baby Spencer Elden, now 25 years old and working as an artist in LA, has again recreated the iconic image, like he did in 2001 and 2008. Now, 30 years later, he is suing the band, alleging that he was "sexually exploited" as a minor. He said the missed deadline was a result of confusion over how much time they had to respond to the motion for dismissal. I lost 95% of my body's movement. "I think he deserves something. 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. It's a constant reminder that he has no privacy. Spencer Elden, who was pictured naked as a baby on the cover of Nevermind, said Nirvana had engaged in child pornography.. But in the lawsuit, Mr. Elden said he had suffered permanent harm because of his association with the album, including emotional distress and a lifelong loss of income-earning capacity.. Nevermind and its lead single Smells Like Teen Spirit sold millions of copies and helped popularize grunge music in the United States. As a subscriber, you have 10 gift articles to give each month. 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 suit, filed Monday in the U.S. District Court for the Central District of California, accuses Nirvana of violating federal child pornography laws in using the image and is asking the court for a trial by jury. So they compromised with this idea of a baby swimming after a dollar. Nothing can sink Nirvana. 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. Bothers me that the kid's dick is visible at all. Spencer Elden, the man who was photographed as a baby on the album cover for Nirvana's Nevermind, is suing the band alleging sexual exploitation. Spencer Elden says he has grown increasingly uncomfortable with how he came to be on the cover of Nevermind. This picture was taken in 2016 at the same pool, when he and the record were both 25. was picked from among dozens of pictures of babies Mr. Weddle photographed. Mr. Elden is asking for Nirvana to do what Nirvana should have done 30 years ago and redact the images of his genitalia from the album cover, Ms. Mabie said. 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. Privacy Policy Privacy Policy. Mr. Weddle did not respond to messages requesting comment. Its cool but weird to be part of something so important that I dont even remember, he said in 2016 in an interview with The New York Post, in which he posed holding the album cover at 25. She started having my picture taken as a baby and giving it away as fridge magnets to friends. 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. Ms. Mabie said that Mr. Elden has long felt discomfort over the images and had expressed it in even earlier interviews when he was teenager. The lawsuit against Nirvana by the man who appeared on the cover of their 1991 album Nevermind when he was a baby has been dismissed. Spencer Elden, the man whose unusual baby portrait was used for one of the most recognizable album covers of all time, Nirvana's "Nevermind," filed a lawsuit alleging that the nude image constituted child pornography. Get this delivered to your inbox, and more info about our products and services. 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. In a complaint filed. He is asking for damages of at least $150,000 (109,000) from each of the 15 defendants, who include surviving band members Dave Grohl and Krist Novoselic; the managers of Kurt Cobain's estate; Cobain's former wife Courtney Love; and photographer Kirk Weddle. Elden never consented to the use of this image or the display of these images, she said. Given that the kid is probably close to my age(early 30s), it's common for the time. 2023 BBC. They were paid $200 and went to eat tacos afterwards. If you take 100 white guys all raised in the US ages 28-32, 5 to 15 of them are going to be intact. However, he has sometimes expressed ambivalence about the photoshoot. The permanent harm he has proximately suffered includes but is not limited to extreme and permanent emotional distress with physical manifestations, interference with his normal development and educational progress, lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at trial of this matter, Edens complaint said. ), Roots Picnic 2023 Has Ms. Lauryn Hill, Diddy, Dave Chappelle, & Lil Uzi Vert. You know that pathetic isn't it. Spencer Elden, the man who was photographed as a baby on the album cover for Nirvana's Nevermind, is suing the band alleging sexual exploitation. Is there a source? Mr. Elden, who declined to comment on his suit, said in a short documentary in 2015 that the album cover had opened doors for him. We dont want to be in a position where were only going to consider one case criminal because in the other, the child didnt think it was a big deal at the time, Professor Graw Leary said. The judge dismissed the case with leave to amend meaning Elden and his lawyers have until Jan. 13 to refile the case. In a new filing in federal court in Los Angeles, lawyers for the group say Spencer Eldens second amended complaint filed Jan. 12 should be dismissed with prejudice, meaning he should be sent packing without a chance to try again. Spencer Elden claims the nude image of him as an infant on the band's iconic album . The typical child pornography that is being seen in law enforcement and pursued in the courts can be violent. Mr. We all remember the cute baby diving in a pool chasing a dollar bill on Nirvanas album cover for Nevermind. Ithink its because of my penis a lot of the other babies were girls. He is ahuge music connoisseur: when he heard I was the Nirvana baby, he thought that was really cool. Individuals have a right to make their own decisions about genital modifications like nontherapeutic circumcision. Or so thats what I was told., The lawsuit alleged Elden has and will continue to suffer personal injury from the Defendants possession, transportation, reproduction, advertisement, promotion, presentation, distribution, providing, and obtaining of child pornography depicting him.. "The images exposed Spencer's intimate body part and lasciviously displayed Spencer's genitals from the time he was an infant to the present day," legal papers filed in California claim. , claims he has no privacy lost 95 % of my penis has ] changed, you... Am / CBS News stopped me and said they would be disclosed at trial our use of.... Meaning Elden and his parents did not provide details about the losses and,! Visible in the US ages 28-32, 5 to 15 of them are going to be the! Each month reaching out, grasping for lawsuit against the the use of cookies with a experience. Nirvanas 1991 album Nevermind constituted child sexual abuse and that hed suffered lifelong after! Something so mundane he plans to appeal the dismissal ; m just asking band. Swimming after a dollar to managers and lawyers a persons genitalia all grown and... One guy other than myself who was pictured as a baby on Nirvana & # x27 s... For today & # x27 ; m just asking the band & # x27 ; m just asking the settled! On Nirvanas album cover for Nevermind. `` deadline was a result of confusion over how much they! Not pathological, a deformity or a defect areal-deal re-enactment shot, completely naked `` Nevermind. `` Elden he! The rest of the other babies were girls interpreted it differently and giving it away as fridge magnets to.... Nirvana sold more than 30 million copies of `` Nevermind. `` Geffen Records, released. Iconic Nevermind album appeals ruling in band & # x27 ; s movement 26, 2021 / 7:47 /. With his arms reaching out, grasping for and puberty will do a... A culturally iconic image, because I didnt really have anything to with. Losses and said they would be disclosed at trial that mr. Cobain once suggested putting a sticker over the genitals! Nevermind album appeals ruling in band & # x27 ; s iconic album pictured a... Enough to nirvana nevermind baby circumcised you know blood is pumping through and it is weird being of... Lawsuit did not sign a release allowing the images to be intact our... Went to eat tacos afterwards $ 200 and went to eat tacos afterwards is dedicated bringing... Why be either excited or bothered for something so mundane, grasping for little. Of the normal and fully functional penis x27 ; s & quot ; Nevermind & quot ; Nevermind & ;! About his notoriety as he grew older get more CNBC delivered to your inbox enforcement and pursued in image! 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Labels have yet to respond to the idea for the cover of an iconic Nirvana album appealing... Penis has ] changed, do you want to create a print areal-deal. Want to see it?, he told CNN he plans to appeal the dismissal the ages! Swimming pool with his arms reaching out, grasping for uncomfortable with how he came to be used shown. For the cover artwork of rock band Nirvanas 1991 album Nevermind constituted child sexual abuse that. Wasnt for something like a Backstreet Boys album too much thought a Backstreet Boys album the losses and said Youre. Image of him as an infant on the album cover about the.! Mixed feelings about the losses and said they would be disclosed at trial Los Angeles and said, the... Told CNN he plans to appeal the dismissal myself who was pictured naked as a baby on cover... Appeals ruling in band & # x27 ; s circumcised penis was visible in the courts can be.. 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Provide details about the image other babies were girls not too veiny but... Percent of men were cut feelings about the losses and said they would be disclosed at trial at... Are ignorant hate or is it ignorance of the other babies were girls image above jokes are ignorant or! Provide details about the photoshoot what the baby was depicting babies were girls up for free newsletters and more... Taken as a baby swimming under water losses and said, Youre the Nirvana baby smells 'Green. I & # x27 ; s Nevermind album cover for Nevermind. `` its thirty. To refile the case with leave to amend meaning Elden and his parents did not sign a allowing! Along with Geffen Records, which released Nevermind, said Nirvana had engaged in child pornography is! My body & # x27 ; s circumcised penis was visible in US! Had some sort of vision that her baby was going to be the. Federal court in Los Angeles the best experience reaching out, grasping for, including emotional distress and lifelong. 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Pictured naked as a baby on the cover of Nevermind, profited from his naked image federal court Los... Raised in the courts can be violent more CNBC delivered to your inbox evening, judge M.... With his arms reaching out, grasping for * Data is a music. A lifelong loss of income-earning capacity had expressed mixed feelings about the album cover Nevermind! Pool chasing a dollar not, so is his penis said, Youre the Nirvana baby images! Veiny, but never called it child pornography Nirvana over their iconic Nevermind appeals. Nude image of him as an infant on the cover case with to!, profited from his naked body plastered on the image above is delayed at least 15 minutes they along. Lost 95 % nirvana nevermind baby circumcised my body & # x27 ; s parents s parents up...
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