Nirvana: Baby on Nevermind album sees case dismissed
January 4, 2022
Spencer Elden sued 15 people — including the band's surviving members and the estate of the late Kurt Cobain — over sexual exploitation. The plaintiff has until January 13 to file a new appeal.
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A US judge on Tuesday dismissed the case of a man who as a baby was photographed naked on the cover of Nirvana's "Nevermind" album.
The album has gone on to sell more than 30 million copies worldwide.
No payment for the photo
According to court documents, Spencer Elden, now 30, never received any compensation for the image. He asked for $150,000 (€133,000) in damages from each of the 15 defendants — including the surviving former members of the band, Dave Grohl and Krist Novoselic, as well as the estate of the late lead singer Kurt Cobain, and the photographer, Kirk Weddle.
But on Tuesday, California judge Fernando Olguin, sided with the defense, which had argued the accusation lacked merit.
"Elden's claim that the photograph on the Nevermind album cover is 'child pornography' is, on its face, not serious," the defense said, noting that anyone who owned a copy of the album would "on Elden's theory [be] guilty of felony possession of child pornography."
Members of the 27 Club
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I swear that I don't have a gun
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Amy Winehouse was believed to have been "clean" for a long time. Until today, nobody knows for sure why she got so incredibly drunk on that fatal day in July 2011, when she died of alcohol poisoning. The singer with the gorgeous soul voice was a regular victim of paparazzi. They photographed her mercilessly whenever she nearly fell down on stage completely drunk - instead of trying to assist her.
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Break on through to the other side
Jim Morrison came to personify the lifestyle of an entire era - the late 1960s. The leader of The Doors expressed what many weren't able to put into words. And he showed them how to live in a wild and almost obscene way without any consideration for his band which, finally, he was forced to leave. Morrison retreated to Paris, where he died of a heart attack while sitting in a bathtub in July 1971.
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You can't always get what you want
Brian Jones was a founding member of the Rolling Stones. Whereas the other members of the band managed to maintain their image as wild rogues without celebrating too many parties, James consumed all kinds of drugs. The Stones couldn't tolerate such behavior any longer, and they threw him out of their band. Jones drowned in his own swimming pool in 1969.
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Purple haze, all in my brain
Jimi Hendrix was a misunderstood icon of both rock music and the drug generation - a symbol of the hippie movement and a god of guitarists. His career was to last for only four years when things went wrong between him and his musicians. Completely frustrated, he withdrew into drugs. One morning in September 1970, he took nine sleeping pills, vomited in his sleep and suffocated.
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Never hear me when I cry at night
Janis Joplin started it all at once - singing, heavy drinking, taking drugs and catapulting into her music career. The bands she worked with took full advantage of her legendary blues voice, while she herself saw to it that drugs were always available at parties. Joplin once said: "On the stage, I have sex with 25,000 people - and then I go home alone." She died of an overdose of heroin in 1970.
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Suicide is painless
Bright shirts, make-up and nasty texts: The Manic Street Preachers were a late response to 1970s punk. When someone expressed doubts about their credibility, singer Richey Edwards cut into his own skin with knives. Only few understood at the time that such acts were the symptoms of psychiatric illness. In 1995, Edwards disappeared without leaving a trace - until today. He was 27 years old.
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Mein Freund, der Baum ist tot ('My friend the tree is dead')
Officially speaking, German singer Alexandra is not a member of the 27 Club - maybe because she was "only" a representative of popular German "Schlager" (hit songs), or maybe because she didn't die of a typical "rock 'n' roll disease." But, the fact remains that she was 27 years old when she died in a car accident in July 1969 in which she was at fault.
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He used the notoriety 'to try to pick up women'
Defense lawyers argued Elden had until recently seemed to enjoy the notoriety of being the "Nirvana baby."
"He has re-enacted the photograph in exchange for a fee, many times; he has had the album title... tattooed across his chest; he has appeared on a talk show wearing a self-parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women," the band's lawyer Bert H. Deixler wrote in a 22-page motion, filed last month.
Defense lawyers also said the statute of limitations on Elden's claims had expired in 2011.
The prosecution has until January 13 to refile, which they have vowed to do.