Child porn suit - Baby on 'Nevermind' album cover

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ASPartOfMe
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27 Aug 2021, 12:35 am

Baby on Nirvana's "Nevermind" album cover sues band for child porn

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The man who, as a baby, was featured on the cover of Nirvana's "Nevermind" album is suing the former band members, the estate of Kurt Cobain and several others over the famous naked photograph. In a lawsuit filed Tuesday, Spencer Elden, now 30, alleges the band violated federal child pornography laws and claims that his parents never signed a release allowing Nirvana to use the photo, CBS Los Angeles reports.

In a complaint filed in the Los Angeles federal court, Elden alleges his "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 album cover photo depicts Elden, who was 4 months old at the time the picture was taken, naked and swimming in a pool as a dollar bill dangles in front of him on a fishing hook. The lawsuit says the photo, allegedly chosen by Nirvana's late frontman, Kurt Cobain, suggests a "sex worker grabbing for a dollar bill."

The lawsuit alleges that Elden's parents never authorized the band to use the photo, which was taken at a Pasadena aquatic center in 1990, and that Elden received no compensation for it.

"To ensure the album cover would trigger a visceral sexual response from the viewer, (photographer Kirk) Weddle activated Spencer's 'gag reflex' before throwing him underwater in poses highlighting and emphasizing Spencer's exposed genitals," the suit alleges.

the complaint claims, Elden "has suffered and will continue to suffer lifelong damages."

The suit seeks either $150,000 from each of the 17 defendants – which include former members of Nirvana, various record companies, art directors and others – or unspecified damages to be determined at trial, CBS Los Angeles reports.

Elden has recreated the iconic photo several times, once in 2008, when he was 17, and then again in 2016 to mark the album's 25th anniversary. Elden wore shorts for both of those shoots. He told the New York Post that he was paid $200 for the 2016 photo, the same amount of money his father in 2008 told NPR he was offered for the original photoshoot that led to the album cover.


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Dox47
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27 Aug 2021, 12:53 am

Uggh, what a blatant cash grab, that dude has been recreating that photo for years:

Image


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Brictoria
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27 Aug 2021, 2:06 am

Dox47 wrote:
Uggh, what a blatant cash grab, that dude has been recreating that photo for years:

Image


Was anyone even aware of who the person was before they started this suit?

Regardless, it seems the case has no hope anyway (beginning with being time-barred)...


(Interestingly, if he did win, anyone owning the album cover would potentially be at risk of arrest for possesion of child porn material.)


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Mr Reynholm
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29 Aug 2021, 9:32 am

Still chasing that dollar!



VegetableMan
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29 Aug 2021, 9:38 am

So many stories these days sound like they could have come straight from The Onion.


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phineasjay
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26 Sep 2021, 11:50 pm

VegetableMan wrote:
So many stories these days sound like they could have come straight from The Onion.


Honestly, I'm surprised the onion still exists. I remember a few years ago during the height of the trump lunacy they went several months with just a landing page that said something to the effect of Out of Business: We cant beat the real news. Just can't make this outlandish s**t up anymore.


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naturalplastic
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27 Sep 2021, 12:46 am

phineasjay wrote:
VegetableMan wrote:
So many stories these days sound like they could have come straight from The Onion.


Honestly, I'm surprised the onion still exists. I remember a few years ago during the height of the trump lunacy they went several months with just a landing page that said something to the effect of Out of Business: We cant beat the real news. Just can't make this outlandish s**t up anymore.


Exactly. Lewis Black had a whole routine about that in circa 2016 about how reality has overtaken satire so he is out of a job. "I would read something in the news and [hitting his head]think "why didnt I think of that?"



auntblabby
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27 Sep 2021, 1:03 am

he must be desperate for money, and a greedy shyster is using him.



phineasjay
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12 Oct 2021, 12:05 am

auntblabby wrote:
he must be desperate for money, and a greedy shyster is using him.



Why the racial/antisemic slur?


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Blue_Star
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12 Oct 2021, 12:11 am

Not seeing what you're seeing... shyster @ wikipedia
German, maybe. Anti-Jewish, no.

phineasjay wrote:
auntblabby wrote:
he must be desperate for money, and a greedy shyster is using him.


Why the racial/antisemic slur?



Last edited by Blue_Star on 12 Oct 2021, 12:19 am, edited 1 time in total.

cyberdad
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12 Oct 2021, 12:14 am

The key point in this law suit is this
the band violated federal child pornography laws and claims that his parents never signed a release allowing Nirvana to use the photo,

Assuming consent was never obtained then this particular "cash grab" might actually work.

I've always been a Nirvana fan but its possible they might have cut corners with this.



cyberdad
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12 Oct 2021, 12:23 am

Blue_Star wrote:
Not seeing what you're seeing... shyster @ wikipedia
German, yes. Anti-Jewish, no.

phineasjay wrote:
auntblabby wrote:
he must be desperate for money, and a greedy shyster is using him.


Why the racial/antisemic slur?


Hmmm this is an interesting one. The actual word is German but (believe it or not) it became appropriated by the Jewish community in NY to describe jewish lawyers who preyed on people in their own community in the late 1800s.

Fast forward to 2021 and any non-Jewish person using the S word is as guilty as a non-black person using the n-word, So technically the Israeli guy is correct, it can be interpreted as anti-Semitic by somebody who is Jewish.

But I know Aunt Blabby and he's the last person to be anti-semitic and in any case I've heard this word used in the media commonly without repercussion.



auntblabby
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12 Oct 2021, 12:32 am

phineasjay wrote:
auntblabby wrote:
he must be desperate for money, and a greedy shyster is using him.

Why the racial/antisemic slur?


that term you object to, merely means a person, especially a lawyer, who uses unscrupulous, fraudulent, or deceptive methods in business - "an ambulance-chasing shyster"



naturalplastic
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12 Oct 2021, 12:38 am

Yeah. I think of it as being like "schmuck". A Yiddish epithet originating with Jews that became used by the general Gentile population as well, but not an epithet against Jews.



auntblabby
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12 Oct 2021, 12:46 am

i strongly suspect that if i had said "legal shark" that i'd still be hated by the same people for having the temerity to criticize capitalist abusers.



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12 Oct 2021, 6:25 am

 ! Cornflake wrote:
I don't believe the usage here was intended as racial or antisemitic - but on balance, owing to misattribution and general sensitivities regarding the word "shyster" (the negative Jewish connotation is undeniable), it would be better if it were not used on WP.


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