The plaintiff is claiming $150,000 in damages from the 17 people he is suing, including the former members of Nirvana.
The naked baby in a swimming pool which appears on the cover of the mythical album Nevermind of Nirvana filed a new child pornography lawsuit in Los Angeles, reviving the case after a judge dismissed his first lawsuit as a procedural issue.
At the end of August 2021, Spencer Elden, now 30, had filed a complaint on the grounds that neither he nor his parents would have given any authorization to use his image “and certainly not for the commercial exploitation of child pornography images of him“. A federal provision allows victims of child pornography to seek damages from anyone who produces, distributes or owns images in which they appear.
The plaintiff claims 150,000 dollars
The Los Angeles judge had closed the file on January 3 because the plaintiff had not responded in due time to the arguments opposed to him by Nirvana’s lawyers. The judge had, however, authorized Spencer Elden to file a new complaint within ten days, which he did on Wednesday.
On the cover of Nevermind, dating from 1991, can be seen at the age of four months, swimming naked in a swimming pool and seeming to want to catch a dollar on a hook. With legendary titles like Smells Like Teen Spirit, the album sold more than 30 million copies, becoming a rock reference.
The plaintiff, who says he never received financial compensation for the photo, is seeking $150,000 in damages from the 17 people he is suing, including former members of Nirvana and Kurt Cobain’s executor, Courtney Love. In their response to the initial complaint, the defense lawyers argued, among other things, that “Elden has spent three decades enjoying fame as the self-proclaimed ‘Baby Nirvana’». «He remade the picture in exchange for remuneration on numerous occasions; he got the title of the album tattooed Nevermind on the chest (…) he autographed copies of the album cover to sell on eBay and he used this link to try to hit on women“, they listed.