'Nirvana Baby' Spencer Elden Loses 'Nevermind' Cover Lawsuit

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‘Nirvana Baby’ Spencer Elden Loses ‘Nevermind’ Cover Lawsuit

While refraining from Nirvana’s 1991 hit “Smells Like Teen Spirit” he sings, “Oh well, whatever, never mind.”

The lyrics could be used to settle a lawsuit filed by Spencer Elden over the cover of the album that made him famous.

Elden, now 31, appeared on the memorable cover of Nirvana’s second album, Nevermind, before he was even a year old.

The cover famously featured Elden’s privates, which sparked controversy when it was released in September.

Nirvana and Geffin Records have been at odds over the “Nevermind” cover art from the beginning. According to Farout Magazine, the late Nirvana frontman had studied water birth and wanted to incorporate the concept into the album cover.

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The outlet revealed Cobain had agreed to leave Elden’s privates off the cover if “there would be a sticker covering the genitals saying ‘if you’re offended by this, you must be a closet pedophile.'”

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What Elden Thinks About the Infamous Cover as an Adult?

Nirvana Nevermind cover artGeffen records

As an adult, Elden filed a lawsuit against the band three decades after “Nevermind’s” release.

The lawsuit was first filed last year. According to The Guardian, Elden initially filed against Nirvana members Dave Grohl and Krist Novoselic, Cobain’s widow Courtney Love, and his estate.

Elden has claimed he has suffered “permanent harm and lifelong loss of earning capacity” and the lawsuit also states, “Defendants knowingly produced, possessed and advertised commercial child pornography depicting Spencer.”

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Elden’s claim also raises his inability to consent to the photograph being taken.

Grohl was unphased when he commented on the lawsuit in October of last year.

According to Loudwire, Grohl has spoken about the lawsuit in an interview with Vulture.

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“I don’t know that I can talk about it because I haven’t spent too much time thinking about it,” Grohl said. “I feel the same as most people [about the lawsuit’s allegations] in that I have to disagree. That’s all I’ll say.”

Grohl stood by his stance when he mentioned Elden as having a constant presence on the album cover.

“Listen, he has a ‘Nevermind’ tattoo. I don’t.”

After the lawsuit was thrown out, according to The Guardian, by Judge Fernado Olguin, Elden re-filed the lawsuit in January 2022. The publication revealed Elden will not be able to re-file the lawsuit because of Olguin’s decision.

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What is the Outcome of a Suit?

Olguin’s ruling read, “In short, because that is indisputable [Elden] did not file his complaint within 10 years after he discovered the violation… the court concluded that his claim was untimely,” the decision began, according to Rolling Stone via People.

The decision continued, “Because plaintiff had an opportunity to address the deficiencies in her complaint regarding the statute of limitations, the court is persuaded that it would be futile to give plaintiff a fourth opportunity to file an amended complaint.”

Elden’s lawyer, Margaret Mabie, took issue with the final decision and took it into account.

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Mabie spoke to People magazine and said, “the claim was dismissed based on a misunderstanding of the statute of limitations. This ruling’s interpretation of Masha’s statute of limitations contradicts fifteen years of well-settled precedent and the legislative intent intended by the legislature. .”

Mabie continued, “Under this reading of the law, child pornography remedies expire when the victim in the contraband image turns 28. Under this logic, any producer of child pornography- like the original abuser Masha Allen- can wait time and then redistribute abusive material with impunity.”

“Spencer’s childhood abuse remains frozen in time,” the statement added.

“Nevermind” was originally released on September 24, 1991, and has been reissued for its 30th anniversary. This reissue is available as an eight-LP edition and as a five-CD edition per Rolling Stone.

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Source: thtrangdai.edu.vn/en/