The naked baby in a swimming pool that features on the cover of Nirvana's legendary album
Nevermind
has filed a new child pornography lawsuit in Los Angeles, reviving the case after a judge dismissed his first lawsuit as a procedural matter.
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the baby of the cover accuses Kurt Cobain of a “twisted vision”
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 the slightest authorization to use his image "
and certainly not for the commercial exploitation of images for child pornography of his person
”.
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.
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On the cover of
Nevermind
, from 1991, he can be seen at the age of four months, swimming naked in a pool and seeming to want to catch a dollar on a hook.
With legendary tracks like
Smells Like Teen Spirit
, the album sold over 30 million copies, becoming a rock benchmark.
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 original complaint, defense attorneys argued 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 thealbum to sell them on eBay and he used this link to try to flirt with women
“, they listed.
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