08/26/2021 18:03
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Updated 08/26/2021 18:03
The thing is like that.
If the case does eventually go to court, a jury has yet to vote on whether former
Nirvana
members
and their associates sexually exploited a child by putting the naked 4-month-old on the cover of the 1991 album
Nevermind
.
But it seems people are appreciating the merits of the lawsuit brought by
Spencer Elden
, 30, about the image.
And there's a lot of sympathy for the fact that Elden's family was only paid $ 200 for a photo seen on the 30 million album covers and countless
Kurt Cobain
band merchandise
.
But was it "child pornography", as claimed?
"The defendants promoted Spencer's child pornography intentionally and commercially and used the shocking nature of his image to promote themselves and their music at Spencer's expense," says the complaint filed in a court in California, United States. and that it was picked up by means of that country.
Historical photo.
It was 25 years after the album was released, and Spencer Elden was posing with the album.
Photo John Chapple
Variety
spoke with Elden's attorneys, who point out that this case does not go to a popular vote.
In his opinion, it will be decided by a jury who they believe will favor his claim that the world-famous image constitutes the sexual exploitation of a baby, who has spent the rest of his life trying to accept it.
Maggie Mabie, an attorney handling the case who spoke to
Variety
on Wednesday, strongly believes in this case as part of her mission.
Elden declined to comment
.
The lawyer speaks
"We knew the case would get attention because of the defendants," Mabie told
Variety
.
But we weren't expecting this level of care at all.
Frankly, we didn't expect it to be such a great show.
Our intention was to edit the image.
So our goal is for Spencer to do justice and not for this to be published in the media.
Spencer was not expecting media attention, and we have tried to keep him out of the media as best we could ... We consider it to be a historic reckoning because we know the defendants are very famous, so we understand and understand that it would come with attention , whose level was unpredictable ”.
Kurt Cobain, the late leader of Nirvana.
Photo Clarín Archive
When asked why it took her 30 years to decide, the lawyer responds:
-Spencer has the opportunity to sue (even) now because the image is continuously distributed.
And every time there is an anniversary, that reminder comes to you in a very invasive way.
He has been asked to participate in anniversary press interviews throughout his life, and he tried to make the best of a very unfortunate situation where he was literally thrown at four months old.
But he has always expressed mixed feelings.
Nirvana members Krist Novoselic, Dave Grohl and Kurt Cobain, for September 1993. AP Photo
I think when something like this happens, the only person who can understand what it's like to be in Spencer's shoes is Spencer. That said, these are not new feelings. It has always felt invaded. Even as a kid, Spencer expressed that this was awkward and that he doesn't like the way this puts him in a place where he can't really (protest) which is an invasion of his own privacy, because people come to defend the band, instead of protecting Spencer ... So the reason he's doing it now, as opposed to before, is really because while Spencer has had this idea all along, it takes a long time when you're a victim of this type of image abuse crimes to really understand how you've been harmed.And it takes a long time for a lawsuit like this to develop when there are sophisticated defendants.
Among those identified by this complaint are Dave Grohl and Krist Novoselic, who together with the legendary and late Kurt Cobain (1967-1994) made up the classic Nirvana line-up.
Courtney Love, heir to Cobain's estate, was also sued.
AP Photo
The lawsuit also targets Kirk Weddle, who was the cover photographer for
Nevermind
, and Courtney Love, as the heir to Cobain's estate.
Strangely, the complaint also accuses Chad Channing, a Nirvana drummer in its early years and who left the band in 1990, that is, before
Nevermind
was released
.
POS
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