The man who was four months old when he was portrayed to appear nude on the cover of Nirvana’s 1991 album “Nevermind” filed a new version of the lawsuit Thursday claiming the image is child pornography.
Federal Judge Fernando M. Olguin dismissed Spencer Elden’s first lawsuit on Jan. 4 after a deadline passed, but authorized him to file an amended version.
The new lawsuit includes a statement from the album’s graphic designer that Elden’s attorneys argue shows that the record label Geffen Records, to which the band belonged, deliberately sought to display Elden’s penis and exploit the image for profit.
Boy On “Nevermind” Cover Sues Nirvana Over Child Pornography Judge Dismisses 30-Year-Old Nirvana Album Cover Lawsuit The suit first filed in California federal court in August alleges that Elden, now 30, has suffered “damages for life” while the band and others profited from the widely circulated image of him swimming underwater appearing to go for a dollar bill on a hook.
The defendants include surviving Nirvana members Dave Grohl and Krist Novoselic, as well as Kurt Cobain’s estate.
A motion to dismiss filed in December by Nirvana’s attorneys asserts that the lawsuit was filed well after the 10-year statute of limitations of one of the laws used to bring the case, while the other law cited by the lawsuit was not. enacted until 2003 and is not retroactive.
The motion notes that the lawsuit is “on its face not serious” and that Elden’s conduct reflects this.
“Elden has spent three decades profiting from his celebrity as the self-proclaimed ‘Baby Nirvana,'” the document states.
The Associated Press does not usually name people who claim to have been sexually abused, but may do so when they have come out publicly as Elden has.
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