‘Nevermind’ baby from Nirvana’s album files new child pornography lawsuit, seeks $150,000

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After being dismissed from his first procedure for not having responded in time, the baby “Nevermind” from the album Nirvana has filed a new complaint for child pornography. He is claiming $150,000 in damages.

Nirvana’s legendary album, Nevermind, in the grip of a trial. The naked baby who appears on the album cover, now older, has filed a complaint for child pornography in Los Angeles. Spencer Elden, now 30, filed a complaint at the end of August, saying neither he nor his parents had given permission to use his image and “certainly not for the commercial exploitation of ‘child pornography images of him’.

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A federal provision exists and allows victims of child pornography to seek damages from anyone who produces, distributes or owns images in which they appear. On January 3, however, the Los Angeles judge closed the case because the plaintiff had not responded to Nirvana’s lawyers in a timely manner. The judge had, however, authorized him to file a new complaint within ten days. He did it on Wednesday.

“Elden has spent three decades enjoying his stardom as Baby Nirvana”

Nirvana’s album “Nevermind” dates from 1991. On its cover, we can see Spencer Elden, then aged four months, naked in a swimming pool. He then seems to want to catch a dollar on a hook. The album sold over 30 million copies and became a rock reference.

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Nevertheless, the complainant assures that he received no financial compensation for this photo. He is now claiming 150,000 euros in damages from the 17 people he is suing. Among them are former Nirvana members and Kurt Cobain’s executor, Courtney Love. Defense attorneys had argued in their response to the original complaint that “Elden has spent three decades enjoying his stardom as the self-proclaimed Baby Nirvana.” “He remade the photo in exchange for remuneration on numerous occasions; he had the title of the album Nevermind tattooed on his chest (…) he signed copies of the cover of the album to sell them on eBay and he used this link to try to pick up women,” they added.