Nirvana Seeks Dismissal of 'Nevermind' Cover Art Lawsuit, Calls Claims Baseless

Nirvana Seeks Dismissal of 'Nevermind' Cover Art Lawsuit, Calls Claims Baseless

By Marcus Hartley

December 14, 2024 at 02:33 AM

Nirvana's legal team has filed a motion to dismiss the child pornography lawsuit regarding their iconic "Nevermind" album cover, brought by Spencer Elden, who appeared as a baby on the album cover 30 years ago.

Naked baby chasing dollar underwater

Naked baby chasing dollar underwater

The defendants, including Universal Music and surviving band members, argue that the lawsuit is barred by statutes of limitations. They note that Elden has known about the image for decades and has repeatedly embraced his connection to the album, including:

  • Recreating the photo multiple times for payment
  • Tattooing "Nevermind" across his chest
  • Appearing on talk shows referencing the image
  • Selling autographed copies of the album cover

The motion highlights two key legal arguments:

  1. The child pornography claim has a 10-year statute of limitations and cannot address injuries known before 2011
  2. The sex-trafficking claim is invalid as the relevant law wasn't enacted until 2003, with no retroactive application

The defendants emphasize that Elden "has spent three decades profiting from his celebrity as the self-anointed 'Nirvana Baby'" and cannot now claim damages from an image that has been in circulation for over 30 years.

Kurt Cobain's blue Fender guitar displayed

Kurt Cobain's blue Fender guitar displayed

The legal team argues that Elden has failed to demonstrate any barriers that prevented him from filing a timely claim, making the current lawsuit inadmissible under existing statutes.

Naked baby swimming in pool, Nevermind

Naked baby swimming in pool, Nevermind

This motion comes after Elden filed an amended complaint focusing on Kurt Cobain's alleged role in choosing the album cover, and following the release of several 30th anniversary editions of "Nevermind" featuring the original cover image.

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