Law suit of the day: Nirvana sued for baby cover

PeteWorrell

[...]
Aug 31, 2006
4,666
1,794
Elden "has suffered and will continue to suffer lifelong damages."

The only reason people know is because he and his family has made it known for profit. No one could visually associate a baby a few months old to the adult version otherwise. To call it "child pornography" would be like calling putto art that has existed for centuries to be pornography. There is indeed exploitation here and it is some failed artist who had his biggest accomplishment at 4 months old milking an iconic album cover.
 
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chicagoskycam

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Elden "has suffered and will continue to suffer lifelong damages."

The only reason people know is because he and his family has made it known for profit. No one could visually associate a baby a few months old to the adult version otherwise. To call it "child pornography" would be like calling putto art that has existed for centuries to be pornography. There is indeed exploitation here and it is some failed artist who had his biggest accomplishment at 4 months old milking an iconic album cover.

I have an issue with the emotional suffering when I see him recreating the cover art as an adult. This was on his guardians to tackle back when it occurred.
 

beowulf

Not a nice guy.
Jan 29, 2005
59,406
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Ottawa
I still don't know how they got away with that album art. But that's Hollywood for ya, full of disgusting degeneracy.

Hope he takes em to the cleaners.
What? Get a life.

As for this guy suing them, sounds to me he might not be making as much money from exploiting the situation himself so is looking for one final payout. I mean he sort of recreated the cover as the article shows and even has Nevermind tattooed across his chest...He is suing 15 people in all for $150K each so dude wants $2.25M total. Non-sexualised photos of infants are generally not considered child pornography under US law.

The article also shows so much disrespect to Krist Novoselic by not naming him as a band member by stating "According to the docs, Elden claims Kurt, Dave Grohl and the rest of the band failed to protect and prevent him from being sexually exploited".

From a BBC article ..sounds like this has had more positives than negatives for him and if anything they should be suing their family friend Weddle as he took the pictures and likely sold it to Geffen or Nirvana as being his art from a project that he owned the rights to.

"It's always been a positive thing and opened doors for me," he told the Guardian six years ago. "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. He is a huge music connoisseur: when he heard I was the Nirvana baby, he thought that was really cool."

In 2008, Spencer's father Rick recounted the photo shoot to US radio network NPR, saying he had been offered $200 to take part by Weddle, who was a family friend.
"We just had a big party at the pool, and no one had any idea what was going on!"

The family quickly forgot the photoshoot until, three months later, they saw the Nevermind album cover blown up on the wall of Tower Records in Los Angeles.
Two months after that, NPR's article said, "Geffen Records sent 1-year-old Spencer Elden a platinum album and a teddy bear".
 

beowulf

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Jan 29, 2005
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Ottawa
This part is funny and shows they either didn't do much research or are just trying to get is big of a payday as possible

E9naLscWUAEZvj6
 
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kihei

McEnroe: The older I get, the better I used to be.
Jun 14, 2006
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Now, somebody suing over the original Blind Faith cover, okay, maybe that I could see. This? What a moron.
 

chicagoskycam

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This part is funny and shows they either didn't do much research or are just trying to get is big of a payday as possible

E9naLscWUAEZvj6

Typically, they sue everyone in an attempt to collect something. One of my employees was named in a lawsuit when they provided the correct corporate address to send the complaint to. They had nothing to do with the complaint other than being at work that particular day when they called in for the corporate address.
 

beowulf

Not a nice guy.
Jan 29, 2005
59,406
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Ottawa
Typically, they sue everyone in an attempt to collect something. One of my employees was named in a lawsuit when they provided the correct corporate address to send the complaint to. They had nothing to do with the complaint other than being at work that particular day when they called in for the corporate address.
Sure but this guy had not been part of the band for well over a year before the picture was even taken or then used. It's dumb.
 

beowulf

Not a nice guy.
Jan 29, 2005
59,406
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It is dumb but my point is this happens all the time. He may have received some royalties for contributions to songs on the album even if he left the band.
Not even lol but I get what you are saying

Credits

Artist Credit
Kirk CanningCello
Kurt CobainComposer, Guitar, Photography, Vocals
Craig DoubetAssistant Engineer, Mixing
Robert FisherArt Direction, Artwork, Cover Design, Design
Dave GrohlComposer, Drums, Vocals
Michael LavinePhotography
NirvanaEngineer, Primary Artist, Producer
Krist NovoselicBass, Composer, Vocals
Jeff SheehanAssistant Engineer
Butch VigEngineer, Producer
Andy WallaceMixing
Kirk WeddlePhotography
Howie WeinbergMastering
[TBODY] [/TBODY]
[TBODY] [/TBODY]
 

Michael Farkas

Celebrate 68
Jun 28, 2006
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It's an obvious money stab...ignoring that this doesn't classify as child pornography (or almost every parent is guilty of possessing child porn) and ignoring that he's on record as promoting it, the federal statute that he's suing under states that a suit must be brought "not later than 10 years after the date on which the victim reaches 18 years of age." - this individual is 30. So this should be easily tossed as it is time-barred...but also because it's a con...
 
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Ouroboros

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Feb 3, 2008
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"It's hard not to get upset when you hear how much money was involved," he continued. "[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."

:laugh:
 

archangel2

Registered User
May 19, 2019
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As others have pointed out-- he has previously made money out it. Also, $150K? Sorry--that is shakedown prices.
 

Beau Knows

Registered User
Mar 4, 2013
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I'd maybe be on his side here, if he hadn't so clearly embraced it so much not that long ago, and also went after the family friend who took and sold the photo...

He never seemed to be bothered by it before, and he went out of his way to make people aware that he was the Nevermind baby. So it sure does seem like a money grab.
 

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