Sharp criticism of greed and capitalism or child pornography? Again a judge had to look at the cover of the album when looking at the cover Nevermind (1991) from Grungeband Nirvana, about bending. The 34-year-old Spencer Elden, who can be seen naked as a baby on the cover, swimming under water towards a letter of 1 dollar, the band sued because he believes that the image of him is ‘sexualized’ as a minor. Again the judge did not agree on Thursday.
The lawyers of Nirvana’s band members did not find Eldens Claim very strong in 2022. Because, at the time it was the defense, it would mean that anyone who owns the album could be accused of the possession of child pornography. By Nevermind More than 30 million copies have been sold.
Moreover, the lawyers pointed to a good portion of Hypocrisis of Elden, who demanded $ 120,000 in compensation. Because if he has so much trouble with it that he, in his words, “connected forever [is] With the commercial sexual exploitation that he experienced as a minor ”, why did he have posed several times at a later age, such as on the album cover? And why did he sell signed albums on eBay?
Family photo
Judge Fernando Olguin already went into that defense in 2022, and also ruled that Elden had waited too long before he started a lawsuit – he could do this for up to ten years after the age of eighteen. But because Nirvana brought a re -release on the market in 2021, the case could still continue.
On Thursday, Olguin again ruled that Elden “embraced his fame and benefited financially”. More important: outside that Elden can be seen naked on Nevermindthe image “does not come close to image that can be classified under the child pornowet”. The judge compared the image more with a family photo with a bathing child on it.
Nirvana’s lawyers announced on Thursday that they are ‘pleased’ that the district judge has put an end to the ‘unfounded case’. They are also happy that the living former band members Dave Grohl and Krist Novoselic, just like Kurt Cobain’s widow Courtney Love, “are freed from a stigma by false accusations.”
However, the case may be followed up. Against magazine Rolling Stone Let the legal team of Elden know that they may appeal against the decision. “As long as the entertainment industry finds profit more important than the privacy, permission and dignity of children, we will continue to strive for awareness and accountability.”
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