Lawsuit accusing Nirvana of sexually exploitative images dismissed

Federal judge dismissed complaint filed by man who claimed he was sexually exploited by grunge rock band Nirvana when the group used a p...


Federal judge dismissed complaint filed by man who claimed he was sexually exploited by grunge rock band Nirvana when the group used a photo of him as a baby, naked and drifting in a swimming pool, for the cover of the group’s seminal. album.

In his complaint, the man, Spencer Elden, 30, accused Nirvana of engaging in child pornography when he used a photo of himself as the cover of “Nevermind,” the group’s groundbreaking album. Seattle in 1991 that helped define Generation X and took the group to the sky. internationally renowned.

The lawsuit was dismissed after a judge in the U.S. District Court for the Central District of California said Mr. Elden’s attorneys missed a deadline to respond to a motion to dismiss by the attorneys of Nirvana.

Judge Fernando M. Olguin said Mr. Elden’s lawyers had until Jan. 13 to file a second amended complaint to remedy “alleged flaws” in the defendants’ motion to dismiss.

Robert Y. Lewis, one of Mr Elden’s attorneys, said they would file the complaint well before the deadline. He said the missed deadline was the result of “confusion” as to the time they had to respond to the motion to dismiss.

“We are confident that our amended complaint will survive an expected motion to dismiss,” Lewis said.

The trial was filed in August against the estate of Kurt Cobain; former band members David Grohl and Krist Novoselic; and Mr. Cobain’s widow, Courtney Love, among others. Their lawyers did not immediately respond to the comments messages on Tuesday.

In their motion to dismiss, Nirvana’s attorneys said Mr. Elden’s trial missed the statute of limitations for filing a complaint alleging a violation of federal child pornography criminal laws. But they also denied that the photo, “one of the most famous photographs of all time,” was an example of child pornography.

“Elden’s claim that the photo on the cover of the ‘Nevermind’ album is ‘child pornography’ is, on its face, not serious,” they wrote. “A brief review of photography, or Elden’s own conduct (not to mention the presence of photography in the homes of millions of Americans who, according to Elden’s theory, are guilty of criminal possession of child pornography) ), clearly shows. “

Instead, they said, “the photograph evokes themes of greed, innocence and the cherub motif in Western art.”

Mr Elden was 4 months old when photographed in 1991 by family friend Kirk Weddle at the Rose Bowl Aquatics Center in Pasadena, California.

Mr. Elden’s photo was chosen from dozens of baby photos Mr. Weddle photographed for the album cover, which Mr. Cobain, the frontman of the group, was considering showing a baby underwater.

Mr Weddle paid Mr Elden’s parents $ 200 for the photo, which was later edited to show the baby chasing a dollar, hanging from a hook.

In the decades that followed, Mr. Elden appeared to celebrate his role on the classic cover, recreating the timing of the album’s release. 10th, 17th, 20th and 25 birthdays, but not bare.

But in the lawsuit, Mr Elden said he suffered “permanent harm” as a result of his association with the album, including emotional distress and a “lifetime loss of the ability to earn an income”.

The lawsuit did not provide details of the losses, but said Nirvana, the album’s producers and others had all profited from the album’s sales at the expense of Mr. Elden’s privacy.

Nirvana’s attorneys said Mr. Elden used the photo’s notoriety to flirt with women and benefited financially from the album artwork. They described the various times he re-enacted the photograph for a fee, his public appearances parodying the cover and the album copies he signed, which were then sold on eBay.

They wrote: “Elden has spent three decades enjoying his fame as the self-anointed ‘Nirvana Baby’.”

Source Link

COMMENTS

Name

Africa,930,Americas,4323,Art & Culture,15902,Arts,6757,Arts & Design,1868,Asia,3547,Automobile,545,Baseball,786,Basketball,629,Books,4166,Business,5636,Celebrity,2633,Cricket,648,Crime,158,Cryptocurrency,2037,Dance,671,Defense,836,Diplomatic Relations,2496,Economy,1333,Editorial,260,Education,1459,Elections,308,Energy & Environment,3147,Entertainment,23501,Environment,3903,Europe,4498,Faith & Religion,235,Family & Life,817,Fashion & Style,3596,Finance,21451,Food & Drink,4073,Football,1258,Games,97,Gossip,10289,Health & Fitness,4420,Health Care,959,Hockey,252,Home & Garden,920,Humour,994,Latin America,49,Lifestyle,18299,Media,527,Middle East,1702,Movies,1988,Music,2914,Opinion,3877,Other,12952,Other Sports,5398,Political News,11324,Political Protests,2324,Politics,18608,Real Estate,2212,Relationship,106,Retail,3116,Science,2913,Science & Tech,10968,Soccer,342,Space & Cosmos,419,Sports,13256,Technology,3733,Tennis,698,Theater,1910,Transportation,313,Travel,2796,TV,3958,US,1388,US Sports,1481,Video News,3531,War & Conflict,1069,Weird News,998,World,17887,
ltr
item
Newsrust - US Top News: Lawsuit accusing Nirvana of sexually exploitative images dismissed
Lawsuit accusing Nirvana of sexually exploitative images dismissed
https://static01.nyt.com/images/2022/01/04/multimedia/04xp-nirvana1/04xp-nirvana1-facebookJumbo.jpg
Newsrust - US Top News
https://www.newsrust.com/2022/01/lawsuit-accusing-nirvana-of-sexually.html
https://www.newsrust.com/
https://www.newsrust.com/
https://www.newsrust.com/2022/01/lawsuit-accusing-nirvana-of-sexually.html
true
732247599994189300
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content