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. Nirvana sued by the baby from Nevermind cover. Non-sexualised photos of infants are generally not considered child pornography under US law. Spencer Elden, 31, who appeared naked on the album cover as a baby, sued the band over alleged commercial child sexual exploitation.. We want to hear it. The legal case also alleges that Nirvana had promised to cover Elden's genitals with a sticker, but the agreement was not upheld. Global Business and Financial News, Stock Quotes, and Market Data and Analysis. 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. 10:45 AM PT-- 8/25 -- Elden tells TMZ ."Nirvana exploited me when I was a baby to sell their music, but there is a person behind every image. Joey Stivic Doll Anatomically correct doll, the first. Usually, it turns out that he was baby on the cover of Nirvanas Nevermind. 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. Get this delivered to your inbox, and more info about our products and services. The photograph became one of the most enduring images in rock music. In a different interview that year, he said he was angry that people still talked about it. An Italian guy stopped me and said, Youre the Nirvana baby! which Ithought was the craziest thing. Spencer Elden, now 30, filed the lawsuit against against Kurt Cobainsestate and Nirvanas surviving members last year accusing them of sexual exploitation and child pornography. I think its about an abandonment of innocence and everyone chasing money sooner and faster. Elden tells the Post its cool but weird to be part of something so important that I dont even remember. Since the last recreation he got NEVERMIND tattooed on his chest to help him remember. Spencer Elden was an infant when he was photographed naked by a family friend for the cover of Nirvana's Nevermind album cover. 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". Weddle had shot a number of babies to find the right image, and they ended up choosing me. The lawsuit was dismissed after a judge in the U.S. District Court for the Central District of California said that Mr. Eldens lawyers missed a deadline to respond to a motion for dismissal by the lawyers for Nirvana. The man who was pictured as a baby on the cover of Nirvana's Nevermind album has revived his lawsuit against the band after his initial complaint was dismissed by a judge. In. 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. At the time, he said he wanted to pose nude, but the photographer "thought it would be weird.". But the man who was the baby is in the news today, and I saw the picture again and saw he was circumcised. In his complaint, the man, Spencer Elden, 30, accused Nirvana of engaging in child pornography when it used a photo of him as the cover art of Nevermind, the Seattle bands breakthrough 1991 album that helped define Generation X and rocketed the group to international fame. "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. Nirvana is being sued by the man whose naked baby picture was used on the cover of 'Nevermind,' claiming use of the pic was child sexual exploitation. "I just woke up already being a part of this huge project," he said. What amazes me is cheese jokes are ignorant hate or is it ignorance of the normal and fully functional penis. We remember the cover art - a clearly circumcised baby boy, swimming in pursuit of a dollar bill dangled in front of him - but what . We all remember the cute baby diving in a pool chasing a dollar bill on Nirvanas album cover for Nevermind. 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. 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. 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. In the decades that followed, Mr. Elden appeared to celebrate his part in the classic cover, recreating the moment for the albums 10th, 17th, 20th and 25th anniversaries, though not naked. 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. Idont know how anyone would recognise me. The BBC is not responsible for the content of external sites. However, he has sometimes expressed ambivalence about the photoshoot. The cover of Nevermind, on which the infant Elden appeared, swimming underwater, his eyes fixed on a dollar bill, has become one of the most enduring images in rock music. 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.. They get away with it because in 1960's 90 percent of men were cut. Nirvana has won the dismissal of a lawsuit by a man who claimed his depiction as a naked four-month-old baby on the cover of the band's seminal 1991 album "Nevermind" was child pornography. Is there a source? Aug. 26, 2021, 8:01 AM PDT By Danny Cevallos Never mind the lawsuit against Nirvana. 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. However, these days Spencer is working with a massive tool that would even make Ron Jeremy blush. The lawsuit against Nirvana by the man who appeared on the cover of their 1991 album Nevermind when he was a baby has been dismissed. She started having my picture taken as a baby and giving it away as fridge magnets to friends.. Spencer Elden says he suffered lifelong damage after appearing on Nirvana's "Nevermind" cover. She started having my picture taken as a baby and giving it away as fridge magnets to friends. 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. In terms of girth and length, the difference is absolutely astounding. I always say, [My penis has] changed, do you want to see it?, he told CNN in 2011. 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.". Nirvana Nevermind child pornography lawsuit dismissed by judge Spencer Elden, who was photographed naked as a baby for the Nevermind album cover, missed his deadline to file an opposing. With circumcision scars all healed up and pubic hair grown in to accent his piece, this is one beautiful cock were talking about now (and the balls dropped quite nicely to boot). In a new filing in federal court in Los Angeles . Somewhere between the albums release and now, young Spencers teeny tiny member grew from turtle head to full blown hog and the internet is loving it! 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. In HS 1961, I saw one guy other than myself who was normal. For example, Elden and his legal team said the band celebrated Neverminds 30th anniversary by re-releasing the album last September while continuing to feature a lascivious exhibition of Spencers genitals on the cover., In their new dismissal motion, Nirvanas lawyers said Eldens second amended complaint failed to identify any new victimization that Elden reasonably discovered for the first time after August 2011., The time has run, the new filing states. Not only was it loaded with social commentary about America and capitalism, it also featured a determined baby with the unusual skill of being comfortable while submerged in water. But it's always the record labels that make the money.". CNN has contacted these parties for comment. Elden is seeking $150,000 in damages from each of the 15 defendants named in the suit. CNN Sans & 2016 Cable News Network. 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." Spencer Elden, now 30, filed. It is a weird thing to get my head around, being part of such aculturally iconic image. Elden has recreated the image at times during his adulthood, but he also suggested in interviews that he felt uncomfortable about the album covers popularity. The judge dismissed the case with leave to amend meaning Elden and his lawyers have until Jan. 13 to refile the case. August 26, 2021 / 7:47 AM / CBS News. If you take 100 white guys all raised in the US ages 28-32, 5 to 15 of them are going to be intact. According to the lawsuit, Nirvana sold more than 30 million copies of "Nevermind.". Email weekend@theguardian.com, Original reporting and incisive analysis, direct from the Guardian every morning, I dont think my parents really gave me taking part in this shoot too much thought., y mum has a crazy story. Kinda feel sorry for the kid for having parents who cut him, but not much else tbh. The Nevermind kid was only about 7yrs in the article and pictured with his parents, they seemed sort of alternative, a little bit arty farty. Sometimes girls chat me up about it more than the other way around. And hey, looks like he still was! All Rights reserved. 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. 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 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. 2. 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". Not too veiny, but just enough to let you know blood is pumping through and it is ready to do its thing! The most important stories and least important memes, every Friday. 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 typical child pornography that is being seen in law enforcement and pursued in the courts can be violent. 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. 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Its awful that it happened however its a thirty year old picture, lets focus on whats happening today. Updated Mr. Weddle did not respond to messages requesting comment. Nevermind is the second studio album by the American rock band Nirvana, released on September 24, 1991, by DGC Records.It was Nirvana's first release on a major label and the first to feature drummer Dave Grohl.Produced by Butch Vig, Nevermind features a more polished, radio-friendly sound than the band's prior work. 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. My mum has a crazy story. 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Yeah he will sue the band who used the photo Will he sue the Dr who circumcised him? 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. A federal judge in Los Angeles has dismissed a lawsuit by a man who said the grunge rock group Nirvana sexually exploited him in its 1991 album Nevermind, which features a photo of him as a naked, four-month-old baby. We've received your submission. He said the missed deadline was a result of confusion over how much time they had to respond to the motion for dismissal. Five shots resulted and the band settled on the image above. "Nevermind" was back in the news last month when the . Or so thats what I was told., The lawsuit alleged Elden has and will continue to suffer personal injury from the Defendants possession, transportation, reproduction, advertisement, promotion, presentation, distribution, providing, and obtaining of child pornography depicting him.. A federal judge has dismissed a lawsuit against the band Nirvana filed by a man who claimed that his depiction as a naked infant on the cover of their 1991 album, Nevermind, was "child pornography." Spencer Elden, who was photographed as a 4-month-old for the image that would become the cover, filed the lawsuit in federal court in August 2021, claiming that he was the victim of "commercial . "Nevermind," which celebrated its thirtieth anniversary last year, was released in 1991. Elden never consented to the use of this image or the display of these images, she said. Mr. Elden said he was referred to managers and lawyers. It is as simple as that.. He said that his feelings about the cover began to change just a few months ago, when I was reaching out to Nirvana to see if they wanted to be part of my art show.. The foreskin is not pathological, a deformity or a defect. He is a huge music connoisseur: when he heard I was the Nirvana baby, he thought that was really cool.". Spencer Elden, the man who appears on Nirvana's "Nevermind" album as a nude baby, is suing the band alleging the photo is child pornography. The baby from Nirvana's 'Nevermind' cover is grown up and suing. Not only was it loaded with social commentary about America and capitalism, it also featured a determined baby with the unusual skill of being comfortable while submerged in water. Privacy Policy Privacy Policy. "[When] I go to a baseball game and think about it: 'Man, everybody at this baseball game has probably seen my little baby penis,' I feel like I got part of my human rights revoked.". It's sexual and only becomes exposable with puberty. "It's always been a positive thing and opened doors for me," he told the Guardian six years ago. However, there was some concern because the boy's circumcised penis was visible in the image. Why am I still on their cover if Im not that big of a deal? he said. Nevermind sold 3m copies by the time I was one. It is a normal part of the human penis, and research has confirmed it is normally an important part of penile sensitivity. Circumcision in Older Children: What to Expect at Home Everything you need to know about your penis - SpunOut . N Nirvana is asking a federal judge to reject - this time once and for all - a child pornography lawsuit filed by the man who appeared as a nude baby in on the cover of the band's album . Elden has recreated the album cover several times as a teenager and adult - always wearing swimming trunks - to mark Nevermind's 10th, 20th and 25th anniversaries. 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