Plaintiff Spencer Elden’s claim “that the photograph on the ‘Nevermind’ album cover is ‘child pornography’ is, on its face, not serious,” the attorneys said.
have asked a judge to dismiss a lawsuit filed in August by the man who was the “naked baby” on the cover of the 1991 “Nevermind” album, on the basis that the legal arguments that the image constitutes child pornography are decades too late as well as too silly.
The filing says that plaintiff Spencer Elden, who was photographed in a Pasadena swimming pool at the age of 4 months and is now 30, only registered major objections to the photo recently. According to Nirvana’s reps, Elden “has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby.
But then Deixler argues that the aforementioned merits of the case, or lack of them, shouldn’t even be at issue, and that the late date at which the lawsuit was filed is all that needs to be considered for a dismissal,. There is a 10-year statute of limitations on filing a lawsuit involving the child pornography alleged, starting with the date the plaintiff could reasonably have been aware of the pornographic use or turned 18, according to this response.
The motion cites occasions on which Elden or his father seemed to revel in media attention for the cover, as recently as a 2015 Guardian interview in which Elden was quoted as saying, “It is a weird thing … being part of such a culturally iconic image. But it’s always been a positive thing and opened doors for me. … I might have one of the most famous penises in the music industry, but no one would ever know that to look at me.
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