A federal court in California has dismissed a lawsuit alleging that the cover artwork of rock band Nirvana's 1991 album " Nevermind " constituted child pornography. She started having my picture taken as a baby and giving it away as fridge magnets to friends. I was four months old and my dad was attending art school at the time, and his friends would often ask for help with their projects. But the man who was the baby is in the news today, and I saw the picture again and saw he was circumcised. Hopefully this description was apt enough to satiate your appetite for juicy details. All Rights Reserved. "Nevermind," which celebrated its thirtieth anniversary last year, was released in 1991. Accordingly, plaintiffs action will be dismissed without leave to amend, said Fernando M. Olguin, United States District Judge for the Central District of California, in a ruling obtained by CNN. Iam glad they chose me. She started having my picture taken as a baby and giving it away as fridge magnets to friends.. This case must end, the lawyers wrote in their motion obtained by Rolling Stone. Sometimes girls chat me up about it more than the other way around. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. A case filed Tuesday alleges that the grunge rock band engaged in commerial child pornography when it used a. A Division of NBCUniversal. Key points: Nirvana's 1991 album Nevermind shows Mr Elden swimming naked in a pool as a 4-month-old baby The most important stories and least important memes, every Friday. In other interviews, he has been more upbeat about the image. Eldens lawyers did not immediately respond toRolling Stones request for comment on the dismissal motion Monday. Thanks for contacting us. This Lonely, Work Obsessed Mortician Forgot The Word For Living Cadavers, Newborn Kind Of Glad He Ate Twin In Womb After Emerging To Baby Formula Shortage. I think in high school, I made a pretty good guess based on jokes some told about their dick(one guy made a cheese joke) and the reaction. On Monday evening, Judge Fernando M. Olguin, who was presiding over the case at the U.S. District Court in. In a ruling issued Monday Jan. 3, Judge Fernando M. Olguin tossed the case after the . Im 23 now and an artist, and this story gave me an opportunity to work with Shepard Fairey for five years, which was an awesome experience. of water births but they were too graphic for the record company. Not too veiny, but just enough to let you know blood is pumping through and it is ready to do its thing! Apparently the "baby" is suing calling it child pornography. Kinda feel sorry for the kid for having parents who cut him, but not much else tbh. He is asking for damages of at least $150,000 (109,000) from each of the 15 defendants, who include surviving band members Dave Grohl and Krist Novoselic; the managers of Kurt Cobain's estate; Cobain's former wife Courtney Love; and photographer Kirk Weddle. Spencer Elden, 31, who. The album cover is less than flattering for young Spencer Elden, former nude child model, but in his defense, he was in a cold swimming pool and shrinkage is a scientific fact. Mr. Elden said he was referred to managers and lawyers. Mr. Elden, who declined to comment on his suit, said in a short documentary in 2015 that the album cover had opened doors for him. Spencer Elden, who was pictured as a baby on the album cover ofNirvanas Nevermind, posed several times as an adult to recreate the photo. The cover depicts Elden as a four-month-old. "It's always been a positive thing and opened doors for me," he told the Guardian six years ago. They added that anyone who had a copy of the album would on Eldens theory [be] guilty of felony possession of child pornography., Nirvanas legal team also argued that Eden had previously cashed in on being the Nirvana baby.. You can research this gross thing back to the stone age and its instinctively bizarre nature. "We just had a big party at the pool, and no one had any idea what was going on!". Privacy Policy Privacy Policy. Usually, it turns out that he was baby on the cover of Nirvana's Nevermind. Ive heard that originally the band wanted the image to be of a woman giving birth under water, but the record company thought that would be too graphic. Has always bothered me because it normalizes MGM. Dave Grohl: 'I dreamt I was shot in the back', Angry protests erupt over Greek rail disaster, Messages reveal battle over UK Covid policy, Isabel Oakeshott: Why I leaked minister's messages. I was born in 1978, had an older sister (Great source of musical education) so was one of those fucking annoying kids that was like I was into them before they were big.. Britney Spears conservatorship case prompts bill in Congress. It is as simple as that.. In HS 1961, I saw one guy other than myself who was normal. Read about our approach to external linking. They get away with it because in 1960's 90 percent of men were cut. And I am also glad it wasnt for something like a Backstreet Boys album. The album turned 25 years old yesterday, and to commemorate its silver. Why be either excited or bothered for something so mundane? In their prior Dec. 22 motion to dismiss the first amended complaint, Nirvanas lawyers argued that Eldens willingness to associate himself with the Nevermind cover over the years such as selling autographed copies of the cover and at one point recreating the photograph as an adult for a paying gig proved he didnt suffer any damages. Nirvana's Nevermind has one of the most iconic album covers of all time, featuring a naked baby swimming in a pool, following a dollar bill hooked on a fishing line. Spencer Elden, who appears naked as a baby on the cover of Nirvana's 1991 album Nevermind, is suing the band for alleged child exploitation and pornography. Spencer Elden, the man who was photographed as a baby on the album cover for Nirvana's Nevermind, is suing the band alleging sexual exploitation. Bothers me that the kid's dick is visible at all. After a judge dismissed the case Jan. 3, lawyers for Elden filed a second amended complaint a week later that dropped a claim related to sex trafficking while adding more language to address alleged conduct within the last 10 years that would restart the 10-year statute of limitations on the child pornography claims. See ya in a few years, Spence. In a new filing in federal court in Los Angeles . If you have a story suggestion email entertainment.news@bbc.co.uk. Why the Baby on Nirvana's 'Nevermind' Album Is Suing Now Spencer Elden, 30, says Nirvana engaged in child pornography when the band used a picture of him naked on the cover of the. Spencer Elden, who appeared as a naked baby on the cover of Nirvana's 1991 album "Nevermind," has claimed the record's iconic artwork is child pornography and is suing the band over alleged. However, Elden's lawyer, Robert Y. Lewis, argues that the inclusion of the dollar bill (which was superimposed after the photograph was taken) makes the minor seem "like a sex worker". Even my father, who was quite a heartless & violent prick believed circumcision was very wrong (he was born in 1953 and was circumcised). But in the lawsuit, Mr. Elden said he had suffered permanent harm because of his association with the album, including emotional distress and a lifelong loss of income-earning capacity.. Now that baby is all grown up and, believe it or not, so is his penis. Individuals have a right to make their own decisions about genital modifications like nontherapeutic circumcision. For Elden, this is strike three. I have an extremely rare disease called FOP where my muscles, tendons and ligaments turn into bones. But it's always the record labels that make the money.". The Hispanic population has always lowered the rate. Spencer Elden, 31, who appeared naked on the album cover as a baby, sued the band over alleged commercial child sexual exploitation.. I said to the photographer, Lets do it naked. But he thought that would be weird, so I wore my swim shorts, Elden tells The New York Post. VideoIsabel Oakeshott: Why I leaked minister's messages, How 10% of Nigerian registered voters delivered victory, Sake brewers toast big rise in global sales, The Indian-American CEO who wants to be US president, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip. The album turned 25 years old yesterday, and to commemorate its silver anniversary, baby Spencer Elden, now 25 years old and working as an artist in LA, has again recreated the iconic image, like he did in 2001 and 2008. In terms of girth and length, the difference is absolutely astounding. Are you in a famous photograph? At the time, he said he wanted to pose nude, but the photographer "thought it would be weird.". Reddit and its partners use cookies and similar technologies to provide you with a better experience. It's a constant reminder that he has no privacy. When she was young, she says she had some sort of vision that her baby was going to be everywhere. Almost 50 Years After Knockin On Heavens Door God Still Wont Let Bob Dylan Die, Blues Musicians Now Prospering Life Threatens Career, Green Day Strikes It Rich, Finds Worlds Largest Oil Field, The Devil Who Went Down To Georgia Announces Hes Voting Blue, 10 Passive-Aggressive Gifts To Get Your Downstairs Neighbor Who Is Attempting To Record A Metal Album In His Apartment, Florida Bans All Books DeSantis Hasnt Memorized Word For Word So Nobody Finds Out He Cant Read, Sad! Spencer Elden, who was photographed nude as an infant and appears on the cover of Nirvana's "Nevermind" album, is suing the band over the image. The legal case also alleges that Nirvana had promised to cover Elden's genitals with a sticker, but the agreement was not upheld. Nirvana and Kurt Cobain's Estate Accused of Child Pornography By Baby Pictured on 'Nevermind' Cover Woman Who Previously Accused Snoop Dogg of Sexual Assault Refiles Lawsuit After Dropping It. In a new filing in federal court in Los Angeles, lawyers for the group say Spencer Eldens second amended complaint filed Jan. 12 should be dismissed with prejudice, meaning he should be sent packing without a chance to try again. NIRVANA 'Nevermind' Baby Lawsuit Dismissed For Final Time September 3, 2022 According to Rolling Stone, a judge has dismissed the third version of the lawsuit against NIRVANA filed by the. More than 30 million copies of Nevermind have been sold worldwide, Isabel Oakeshott: Why I leaked minister's messages. August 26, 2021 / 7:47 AM / CBS News. In the original complaint, filed August 24, 2021, Eldens attorneys said the image was pornographic and that he has suffered lifelong damages as a result of his involvement. Mr. Weddle paid Mr. Eldens parents $200 for the picture, which was later altered to show the baby chasing a dollar, dangling from a fishhook. Joey Stivic is a fictional character who first appeared on All in the Family.Joey Stivic was the son and only child of Mike Stivic (played by Rob Reiner) and Gloria Bunker Stivic (played by Sally Struthers).The character first appeared, as a newborn baby, in a two-part episode of All in the Family airing in December 1975. Mr. Elden suffered permanent harm because of his association with the album, including emotional distress and a lifelong loss of income-earning capacity. The lawsuit did not provide details about the losses and said they would be disclosed at trial. Updated All Rights Reserved. The representatives for Mr. Cobains estate did not immediately respond to a message seeking comment. Kurt Cobain, Krist Novoselic, and Dave Grohl of Nirvana backstage in Tokyo on December 19, 1992. Elden's lawyer said that there were at least 40 or 50 photos taken at the time, but the image chosen depicted Elden "like a sex worker grabbing for a dollar bill that is positioned dangling from a fishhook in front of his nude body.". was picked from among dozens of pictures of babies Mr. Weddle photographed. Elden alleges his "true identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide from the time he was a baby to the present day". The baby featured on NIRVANA's iconic 'Nevermind' album cover has filed a lawsuit against the band. Sign up for free newsletters and get more CNBC delivered to your inbox. Even though he recreated the images later on in life, he was clothed and he was an adult and these were very different circumstances.. Now, 30 years later, he is suing the band, alleging that he was "sexually exploited" as a minor. A California judge on Monday tossed a lawsuit filed against Nirvana by the man who appeared as a naked baby on the cover of their breakthrough album Nevermind.. By David Mouriquand Updated: 06/09/2022. Eldens decision to not sue these defendants for the past 30 years, despite his decades-long knowledge of their same and unvaried conduct, is dispositive of his claim. The suit, filed Monday in the U.S. District Court for the Central District of California, accuses Nirvana of violating federal child pornography laws in using the image and is asking the court for a trial by jury. However, there was some concern because the boy's circumcised penis was visible in the image. And hey, looks like he still was! In the motion to dismiss, which was filed two weeks ago, Nirvana claimed Eldens allegations lacked merit and smelled like an absurd cash grab. The law does not pick between children who immediately denounce their abusers and children who initially were dismissive about what happened to them, she said. Speaking to the Guardian in 2019, Weddle said he was still in contact with Elden, and acknowledged he was "conflicted about the picture". The performer, who died in 1994, said the sticker should read: If youre offended by this, you must be a closet pedophile.. Spencer Elden was an infant when he was photographed naked by a family friend for the cover of Nirvana's Nevermind album cover. In a complaint filed. 2. I might have one of the most famous penises in the music industry, but no one would ever know that to look at me. His privacy is worthless to the world.. Federal Judge Fernando M. Olguin threw out the case late Monday after Elden missed his Dec. 30 deadline to file a response to Nirvanas motion to dismiss. IT seemed incongruous, against the what the baby was depicting. We dont want to be in a position where were only going to consider one case criminal because in the other, the child didnt think it was a big deal at the time, Professor Graw Leary said. He sent a photographer to a pool for babies to take pictures. We all remember the cute baby diving in a pool chasing a dollar bill on Nirvanas album cover for Nevermind. In his initial lawsuit filed last August, Elden claimed the band along with co-defendants including Universal Music Group, the David Geffen Company, Courtney Love as executor of Kurt Cobains estate and photographer Kirk Weddle intentionally leveraged the shocking nature of his image as a naked 4-month-old baby swimming toward a dollar bill on a fishhook to make millions of dollars at his expense.. Mr. Weddle paid Mr. Eldens parents $200 for the picture, which was later altered to show the baby chasing a dollar, dangling from a fishhook. The children are young and it is very graphic.. CNN Sans & 2016 Cable News Network. Circumcision in Older Children: What to Expect at Home Everything you need to know about your penis - SpunOut . For example, he worked with Shepard Fairey, the artist who was sued by The Associated Press for using an image of Barack Obama for his piece Hope.. Non-consensual non-therapeutic circumcision is not ethical. Today only USA meds push it and claim strange, never validated health benefits. The man who was pictured as a baby on the cover of an iconic Nirvana album is appealing his lawsuit against the . Nirvana has won the lawsuit over their Nevermind cover art. Every five years or so, somebodys gonna call me up and ask me about Nevermind and Im probably gonna get some money from it, he told Rolling Stone in 2003. I always say, [My penis has] changed, do you want to see it?, he told CNN in 2011. The baby whose image was used on the iconic cover artwork for Nirvana's 1991 album Nevermind has filed a lawsuit against the band, alleging the photograph constituted child pornography. A California man who appeared on the cover of Nirvana's "Nevermind" album as an infant has filed a lawsuit against the band claiming he was the victim of child pornography. The photo of Mr. Elden was picked from among dozens of pictures of babies Mr. Weddle photographed for the album cover, which Mr. Cobain, the bands frontman, envisioned showing a baby underwater. And that was it. It was recorded at Sound City Studios in Van Nuys, California, and Smart . Nirvana sued by the baby from Nevermind cover. A federal court in California has dismissed a lawsuit alleging that the cover artwork of rock band Nirvanas 1991 album Nevermind constituted child pornography. The baby from Nirvana's 'Nevermind' cover is grown up and suing. Its awful that it happened however its a thirty year old picture, lets focus on whats happening today. Nirvana wins dismissal of lawsuit over naked baby on 'Nevermind' album cover Spencer Elden, 31, alleged that a photo taken when he was 4 months old constituted child pornography. Eldens claim that the photograph on the Nevermind album cover is child pornography is, on its face, not serious, they wrote. Voices Nevermind the lawsuit - maybe the Nirvana baby deserves more than a dollar now he's a grown-up? A brief examination of the photograph, or Eldens own conduct (not to mention the photographs presence in the homes of millions of Americans who, on Eldens theory, are guilty of felony possession of child pornography), makes that clear., Instead, they said, the photograph evokes themes of greed, innocence and the motif of the cherub in Western art.. Does it bother anyone else? "Nevermind," which celebrated its thirtieth anniversary last year, was released in 1991. Both its content and artwork were heralded as seminal rock works, but three years after its release, Nirvanas frontman, Kurt Cobain, died by suicide in Seattle and the remaining members subsequently disbanded. For more information, read our Cookie Policy. I had younger brothers and younger cousins (all intact, fairly normal for Australia by that time) I babysat frequently so had done a lot of nappy changing, my parents spoke negatively about circumcision. "I just woke up already being a part of this huge project," he said. The lawyers for Nirvana said that Mr. Elden used his fame from the photo to pick up women and benefited financially from the album cover. The man pictured as the naked baby on Nirvana 's Nevermind album cover has revived his "child pornography" lawsuit against the band after . The lawsuit was filed in August against the estate of Kurt Cobain; the musicians former bandmates, David Grohl and Krist Novoselic; and Mr. Cobains widow, Courtney Love, among other parties. He has re-enacted the photograph in exchange for a fee, many times; he has had the album title tattooed across his chest; he has appeared on a talk show wearing a self-parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women, the lawyers argued. Just trust us when we say you wouldnt believe the difference! Nirvana's album Nevermind has reached its 30th anniversary and is under more scrutiny than ever as a result of a lawsuit recently filed by the former cover-star.. Spencer Elden, the underwater . Eons ago there was some feature in Q (a now defunct English music magazine) and they featured people who were on famous album covers, the U2 boy, that kinda thing. Its cool but weird to be part of something so important that I dont even remember, he said in 2016 in an interview with The New York Post, in which he posed holding the album cover at 25. "The images exposed Spencer's intimate body part and lasciviously displayed Spencer's genitals from the time he was an infant to the present day," legal papers filed in California claim. And then this. We dont only protect certain kids., Why the Baby on Nirvanas Nevermind Album Is Suing Now, https://www.nytimes.com/2021/08/25/arts/music/spencer-alden-nirvana-nevermind.html. My parents took me down there, apparently they blew in my face to stimulate my gag reflex, dunked me in, took some pictures, and pulled me out. And then this Nirvana album cover happened and my picture was everywhere on billboards. In a different interview that year, he said he was angry that people still talked about it. "It's hard not to get upset when you hear how much money was involved," he continued. Spencer Elden, the man who appeared on Nirvana's iconic "Nevermind" album cover as a baby, has . Spencer Elden says he has grown increasingly uncomfortable with how he came to be on the cover of Nevermind. This picture was taken in 2016 at the same pool, when he and the record were both 25. was picked from among dozens of pictures of babies Mr. Weddle photographed. Imagine a baby with an exposed penis head. A federal judge has dismissed a lawsuit filed by a man who said he had been sexually exploited by the grunge rock group Nirvana when the band used a photo of him as a baby, naked and drifting in a pool, for the cover of its seminal album Nevermind.. 2023 NYP Holdings, Inc. All Rights Reserved, Hindu, Buddhist leaders complain about very painful NY beer, Smells like more court dates: Nirvana cover baby appeals judges child porn dismissal, No apologies: Judge tosses Nevermind babys child porn case against Nirvana, Kurt Cobains Smells Like Teen Spirit guitar could nab $800K at auction, claimed the artwork constituted child sexual abuse. As well as being hugely influential musically,. When Nevermind came out I found that the baby being circumcised so odd, wrong, bizarre. It is one of the best-selling records of all time, with at least 30 million copies sold worldwide. But its always been a positive thing and opened doors for me. Cobains wife, the singer Courtney Love, was listed in the lawsuit as an executor of Cobains estate, alongside others including the photographer Kirk Weddle and record labels Universal Music Group, MCA Records and Geffen Records. Over the weekend, U.S. District Judge Fernando Olguin dismissed the lawsuit which alleged child pornography filed by Spencer Elden . Ithink its because of my penis a lot of the other babies were girls. Sooner or later, I want to create a print of areal-deal re-enactment shot, completely naked. I dont tell them its me, and my friends boast about it more than I do. "I'm 23 now and an artist, and this story gave me an opportunity to work with Shepard Fairey for five years, which was an awesome experience. Lawsuit by Nirvana baby smells like 'Green Spirit'. Spencer Elden, who appeared on the iconic cover of Nirvana's album 'Nevermind' as a baby, has lost his lawsuit claiming that the image . Spencer Elden, the man whose unusual baby portrait was used for one of the most recognizable album covers of all time, Nirvana's "Nevermind," filed a lawsuit alleging that the nude image constituted child pornography. Itd be nice to have a quarter for every person that has seen my baby penis, he said in a New York Post interview in 2016. He claimed that they, along with Geffen Records, which released Nevermind, profited from his naked image. Aug. 26, 2021, 8:01 AM PDT By Danny Cevallos Never mind the lawsuit against Nirvana. August 30, 2021 at 10:59 a.m. EDT. Elden listed the surviving band members, the executor of lead singer Kurt Cobains estate, and various record labels as defendants. Not that I would've been able to articulate it properly at 13 but I was aware it (MGM) was an awful thing to do to a sweet little baby. IT seemed incongruous, against the what the baby was depicting. Elden's lawyer claimed he has suffered and will continue to suffer lifelong damages because of the album cover. The picture, taken at the Rose Bowl Aquatics Center in Pasadena, Calif., would be used that year for the cover of Nevermind, Nirvanas seminal second album that helped define Generation X and rocketed the Seattle band to international fame. Recently Ive been thinking, What if I wasnt OK with my freaking penis being shown to everybody? I didnt really have a choice, Mr. Elden said to GQ Australia. That part of the law gives a bit more discretion to the court, she said. In his initial complaint, Eden who was 4 months old at the time of the 1991 underwater photo claimed neither he nor his guardians consented to the naked photoshoot. It is a normal part of the human penis, and research has confirmed it is normally an important part of penile sensitivity. Is there a source? Copyright 2023 Penske Business Media, LLC. After the complaint was dismissed, a second amended complaint sought damages for what Elden called lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at the trial of this matter., Naked 'Nevermind' baby sues Nirvana for 'child pornography', The lawsuit alleged that Elden was sexualized because the image of the naked baby grabbing at the dollar bill made the baby resemble a sex worker.. Just trust us when we say you wouldnt believe the difference is absolutely astounding diving a. Kid 's dick is visible at all Nevermind came out I found that the baby from Nirvana & x27... I do released Nevermind, & quot ; which celebrated its thirtieth anniversary year... Surviving band members, the executor of lead singer kurt Cobains estate did not respond! She says she had some sort of vision that her baby was going on! `` ; Nevermind, from... 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