It is an improbable soap opera which is almost coming to an end this Tuesday.
According to information from the media specializing in music,
Spin
, the complaint filed by Spencer Elden, the baby on the cover
of Nirvana's
Nevermind
album
, was rejected by Fernando M. Olguin, the judge in charge of the case. in Los Angeles.
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The latter had set December 30 as the deadline for the plaintiff's lawyers to file an appeal, following the request for rejection filed by Nirvana's lawyers.
They didn't, and Spencer Elden now has ten days to appeal the decision.
"Commercial child pornography"
Spencer Elden filed a complaint against Nirvana last August for
"child pornography"
.
His lawyers argued in the complaint that the group and its successors "
knowingly produced, possessed and advertised commercial child pornography depicting Spencer."
"
The complaint concerns the two remaining members of Nirvana - Krist Novoselic and Dave Grohl - as well as the photographer of the photo Kirk Weddle, and Courtney Love, the widow of Kurt Cobain.
Spencer Elden asks each $ 150,000 and that the cover be modified for the next editions.
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Nevermind,
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He explained in his complaint that “
his legal guardians
[had]
never signed a release authorizing the use of the image
” and that he had never received a single dollar for the use of his image.
The 30-something was only three months old when the snapshot was taken.
His parents had been contacted by their friend Robert Fisher, the artistic director of DGC Records, and therefore of Nirvana.
A few weeks later, the photo was taken in a swimming pool in Pasadena, California, for compensation of $ 200 to parents.
Following the album's resounding success, Kurt Cobain told his biographer Michael Azerrad that “
if
[the cover]
offends you, you must be a potential pedophile.
"