Non-sexualised photos of infants are generally not considered child pornography under US law. A Warner Bros. The only muscles not affected are my smooth muscles like my heart and tongue. Elden has recreated the image at times during his adulthood, but he also suggested in interviews that he felt uncomfortable about the album covers popularity. Robert Y. Lewis, one of Mr. Eldens lawyers, said they would file the complaint well before the deadline. But the man who was the baby is in the news today, and I saw the picture again and saw he was circumcised. Since we were unable to legally obtain a picture of the much talked about penis, it is our duty to briefly describe what youre missing out on. And hey, looks like he still was! So they compromised with this idea of a baby swimming after a dollar. "It's pretty difficult - you feel like you're famous for nothing. The album cover shows Elden, now 30, as . In a different interview that year, he said he was angry that people still talked about it. "I think he deserves something. Given that the kid is probably close to my age(early 30s), it's common for the time. We want to hear it. Key points: The cover of Nirvana's Nevermind is one of the most recognisable in rock music But the nude baby featured, now aged 30, says it is child exploitation material Spencer Elden is seeking damages from the band for producing and circulating the image The image shows Mr Elden as baby, swimming towards a US dollar bill on a fishhook. And then this. Thus locking my body into place permanently. Gorillaz Movie Canceled Amid Netflix Animation Purge, Says Damon Albarn, The Rolling Stones Reportedly Prepping New Album Featuring Paul McCartney And Ringo Starr, King Gizzard Cancel Bluesfest Appearance In Protest Against Sticky Fingers Booking, The Number Ones: Justin Timberlakes My Love (Feat. Word Brothel is dedicated to bringing you the best, Our website uses cookies to provide you the best experience. Spencer Elden, the man who appeared on Nirvana's iconic "Nevermind" album cover as a baby, has . That baby was Spencer Elden . In the filing, Elden's lawyer claims the image. It's a constant reminder that he has no privacy. She started having my picture taken as a baby and giving it away as fridge magnets to friends. Jan. 13, 2022 3:51 PM PT. For example, Elden and his legal team said the band celebrated Neverminds 30th anniversary by re-releasing the album last September while continuing to feature a lascivious exhibition of Spencers genitals on the cover., In their new dismissal motion, Nirvanas lawyers said Eldens second amended complaint failed to identify any new victimization that Elden reasonably discovered for the first time after August 2011., The time has run, the new filing states. I always say, [My penis has] changed, do you want to see it?, he told CNN in 2011. appreciated. The lawyers for Nirvana said that Mr. Elden used his fame from the photo to pick up women and benefited financially from the album cover. Itd be nice to have a quarter for every person that has seen my baby penis, he said in a New York Post interview in 2016. Mr. However, his lawsuit was dismissed on Friday when a judge ruled that Elden had filed his complaint after the 10-year statute of limitations had expired. IT seemed incongruous, against the what the baby was depicting. We dont want to be in a position where were only going to consider one case criminal because in the other, the child didnt think it was a big deal at the time, Professor Graw Leary said. Key points: Nirvana's 1991 album Nevermind shows Mr Elden swimming naked in a pool as a 4-month-old baby It was recorded at Sound City Studios in Van Nuys, California, and Smart . Does it bother anyone else? The most important stories and least important memes, every Friday. Yeah he will sue the band who used the photo Will he sue the Dr who circumcised him? It is as simple as that.. The man, Spencer Elden, claims he has attempted to contac. Image shown is a cropped version. What is Word Brothel? Born from 1989-1993, it's just sort of where it was and the album came out in 1991. Send us a tip using our anonymous form. That bothers me even more than it already does, mainly because the head is so exposed when it should not be. Universal Media Group and Warner Music Group, the parent company of Warner Records, did not immediately respond to a request for comment. Mr. Weddle paid Mr. Eldens parents $200 for the picture, which was later altered to show the baby chasing a dollar, dangling from a fishhook. Representatives for Nirvana and their record labels have yet to respond to the claims. A brief examination of the photograph, or Eldens own conduct (not to mention the photographs presence in the homes of millions of Americans who, on Eldens theory, are guilty of felony possession of child pornography), makes that clear., Instead, they said, the photograph evokes themes of greed, innocence and the motif of the cherub in Western art.. His privacy is worthless to the world.. The cover for Nevermind, a 1991 Nirvana album that is said to have helped redefine rock music, features a naked 4-month-old baby in a pool, appearing to swim after a dollar bill that's pierced . "Nevermind" was back in the news last month when the . September 3, 2022 Nirvana, 1991 Redferns Nirvana has won the lawsuit the band faced over their Nevermind cover art after a judge dismissed the case filed by Spencer Elden, the baby seen. Read about our approach to external linking. But it's always the record labels that make the money.". Apparently the "baby" is suing calling it child pornography. Eldens lawyer told CNN he plans to appeal the dismissal. The album artwork depicts 4-month-old Elden underwater in a swimming pool with his arms reaching out, grasping for . Please disable your adblocker or subscribe to ad-free membership to view this article. However, by continuing to use our website, you agree to our use of cookies. As a subscriber, you have 10 gift articles to give each month. Mr. Weddle did not respond to messages requesting comment. 2023 BBC. Nirvana Nevermind child pornography lawsuit dismissed by judge Spencer Elden, who was photographed naked as a baby for the Nevermind album cover, missed his deadline to file an opposing. After a judge dismissed the case Jan. 3, lawyers for Elden filed a second amended complaint a week later that dropped a claim related to sex trafficking while adding more language to address alleged conduct within the last 10 years that would restart the 10-year statute of limitations on the child pornography claims. Copyright 2023 Penske Business Media, LLC. On Monday evening, Judge Fernando M. Olguin, who was presiding over the case at the U.S. District Court in. January 13, 2022. I might have one of the most famous penises in the music industry, but no one would ever know that to look at me. Not only was it loaded with social commentary about America and capitalism, it also featured a determined baby with the unusual skill of being comfortable while submerged in water. By Alyssa Rosenberg. Elden claimed the artwork constituted child sexual abuse and that hed suffered lifelong damage from having his naked body plastered on the album cover. In a complaint filed. You know that pathetic isn't it. But there are factors under federal law that allow a judge or a jury to determine whether a photo of a minor constitutes a lascivious exhibition of the genitals, including if they were the focal point of a photo, Professor Graw Leary said. "Nevermind," which celebrated its thirtieth anniversary last year, was released in 1991. Published Jan 5, 2022. We all remember the cute baby diving in a pool chasing a dollar bill on Nirvana's album cover for Nevermind. The Hispanic population has always lowered the rate. The law does not pick between children who immediately denounce their abusers and children who initially were dismissive about what happened to them, she said. Elden is seeking $150,000 in damages from each of the 15 defendants named in the suit. The representatives for Mr. Cobains estate did not immediately respond to a message seeking comment. Head to shaft size ratio: perfect. The cover of Nevermind, on which the infant Elden appeared, swimming underwater, his eyes fixed on a dollar bill, has become one of the most enduring images in rock music. A Division of NBCUniversal. It spoke to Kurt . The lawsuit against Nirvana by the man who appeared on the cover of their 1991 album Nevermind when he was a baby has been dismissed. On Monday evening, Judge Fernando M. Olguin, who was presiding over the case at the U.S. District Court in. A judge has dismissed a lawsuit against Nirvana made by Spencer Elden, who appeared as a naked baby on the cover of the band's classic 1991 album Nevermind, Spin magazine reports. I said to the photographer, Lets do it naked. But he thought that would be weird, so I wore my swim shorts, Elden tells The New York Post. Anyone can read what you share. Yes, groups like Cock Fight are combing humor with anti-male genital mutilation messages. Nirvana is being sued by the man whose naked baby picture was used on the cover of 'Nevermind,' claiming use of the pic was child sexual exploitation. Jan. 4, 2022 A federal judge has dismissed a lawsuit filed by a man who said he had been sexually exploited by the grunge rock group Nirvana when the band used a photo of him as a baby, naked. As a subscriber, you have 10 gift articles to give each month. In. "The images exposed Spencer's intimate body part and lasciviously displayed Spencer's genitals from the time he was an infant to the present day," legal papers filed in California claim. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. The image was controversial. It helps with girls, too. Now, 30 years later, he is suing the band, alleging that he was "sexually exploited" as a minor. The album, which included the hits Smells Like Teen Spirit, Come As You Are and Lithium, went on to sell 30 million copies around the world. The permanent harm he has proximately suffered includes but is not limited to extreme and permanent emotional distress with physical manifestations, interference with his normal development and educational progress, lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at trial of this matter, Edens complaint said. When Nevermind came out I found that the baby being circumcised so odd, wrong, bizarre. The lawsuit filed by the Nevermind baby accusing Nirvana and others of child pornography has been dismissed.. But they also denied that the picture, one of the most famous photographs of all time, was an example of child pornography. The lawyers who filed the motion represent Nirvanas surviving members, Dave Grohl and Krist Novoselic; Kurt Cobains widow, Courtney Love; and Kirk Weddle, the man who photographed the cover image. Spencer Elden, who was featured as a naked baby on a Nirvana album's cover art, is now suing the band for alleged "commercial child sexual exploitation." Chris Cuomo isn't buying it. CNN has contacted these parties for comment. "We just had a big party at the pool, and no one had any idea what was going on!". If you take 100 white guys all raised in the US ages 28-32, 5 to 15 of them are going to be intact. The man who was pictured as a baby on the cover of Nirvana's Nevermind album has revived his lawsuit against the band after his initial complaint was dismissed by a judge. "It's hard not to get upset when you hear how much money was involved," he continued. Nirvana's album Nevermind has reached its 30th anniversary and is under more scrutiny than ever as a result of a lawsuit recently filed by the former cover-star.. Spencer Elden, the underwater . My mum has a crazy story. Mr. Eldens past comments about the cover should not undermine his current claim that he was a victim of child pornography, she added. I was born in 1978, had an older sister (Great source of musical education) so was one of those fucking annoying kids that was like I was into them before they were big.. Columnist | Follow. Spencer Elden, who appears naked as a baby on the cover of Nirvana's 1991 album Nevermind, is suing the band for alleged child exploitation and pornography. Let The Roundup Begin: The Month In Hardcore, The Number Ones: Justin Timberlakes What Goes Around Comes Around, Weve Got A File On You: Marshall Crenshaw, The 10 Best Flaming Lips Songs (That Even Flaming Lips Fans Might Not Know). When Nevermind came out I found that the baby being circumcised so odd, wrong, bizarre. Read about our approach to external linking. Elden's lawyer said that there were at least 40 or 50 photos taken at the time, but the image chosen depicted Elden "like a sex worker grabbing for a dollar bill that is positioned dangling from a fishhook in front of his nude body.". Now 30, Elden says his parents never signed a release authorising the use of his image on the album. The album cover is less than flattering for young Spencer Elden, former nude child model, but in his defense, he was in a cold swimming pool and shrinkage is a scientific fact. Kurt Cobain, Krist Novoselic, and Dave Grohl of Nirvana backstage in Tokyo on December 19, 1992. Spencer Elden, who was photographed nude as an infant and appears on the cover of Nirvana's "Nevermind" album, is suing the band over the image. Spencer Elden, 31, who appeared naked on the album cover as a baby, sued the band over alleged commercial child sexual exploitation.. Judge Fernando M. Olguin said that Mr. Eldens lawyers had until Jan. 13 to file a second amended complaint to address the alleged defects in the defendants motion to dismiss. Eldens claim that the photograph on the Nevermind album cover is child pornography is, on its face, not serious, they wrote. Reddit and its partners use cookies and similar technologies to provide you with a better experience. He hasnt met anyone who hasnt seen his genitalia, she said. When she was young, she says she had some sort of vision that her baby was going to be everywhere. I'm just asking the band to do what they should have . Spencer Elden sued former members of the band in August 2021. It is a normal part of the human penis, and research has confirmed it is normally an important part of penile sensitivity. I think in high school, I made a pretty good guess based on jokes some told about their dick(one guy made a cheese joke) and the reaction. Why be either excited or bothered for something so mundane? N Nirvana is asking a federal judge to reject - this time once and for all - a child pornography lawsuit filed by the man who appeared as a nude baby in on the cover of the band's album . Nirvana's 'naked baby' lawsuit dismissed. A federal court in California has dismissed a lawsuit alleging that the cover artwork of rock band Nirvanas 1991 album Nevermind constituted child pornography. Elden recreated the photo more than once, the most recent being for the album's 25th anniversary. A judge in California has dismissed a lawsuit filed against former band members of Nirvana over their iconic Nevermind album cover. Spencer Elden says he suffered lifelong damage after appearing on Nirvana's "Nevermind" cover. In the motion to dismiss, which was filed two weeks ago, Nirvana claimed Eldens allegations lacked merit and smelled like an absurd cash grab. The BBC is not responsible for the content of external sites. A California judge on Monday tossed a lawsuit filed against Nirvana by the man who appeared as a naked baby on the cover of their breakthrough album "Nevermind." Spencer Elden, now 30, filed. Representatives for Mr. Grohl, Ms. Love, and Geffen Records, which is now part of Universal Music Group, did not respond to messages. On Friday, a California judge dismissed a child pornography lawsuit filed by Spencer Elden who was photographed naked as a baby for the cover of the band's 1991. "It's always been a positive thing and opened doors for me," he told the Guardian six years ago. See ya in a few years, Spence. Video, Isabel Oakeshott: Why I leaked minister's messages, recounted the photo shoot to US radio network NPR, Weddle said he was still in contact with Elden, Olivia Rodrigo gives Paramore credit for Good 4 U, Love Island: ITV boss dismisses record complaints, Kanye West files to officially change name to Ye, Harry and Meghan told to 'vacate' Frogmore Cottage, Whiskey fungus forces Jack Daniels to stop construction, Explosive found in check-in luggage at US airport, Messages reveal battle over Covid school policy, Rare Jurassic-era bug found at Arkansas Walmart, India PM Modi urges G20 to overcome divisions, Aboriginal spears taken in 1770 to return to Sydney, Covid messages leak a massive betrayal - Hancock. Eden claimed the band went back on an alleged promise to conceal his genitals on the album cover and the band intentionally leveraged the shocking nature of his image to promote themselves and their music at his expense.. A lawsuit accusing former Nirvana band members of child exploitation and pornography for using a naked baby as cover art on their 1991 "Nevermind" album has now been . If you have a story suggestion email entertainment.news@bbc.co.uk. Both its content and artwork were heralded as seminal rock works, but three years after its release, Nirvanas frontman, Kurt Cobain, died by suicide in Seattle and the remaining members subsequently disbanded. We want to hear from you. The Nevermind kid was only about 7yrs in the article and pictured with his parents, they seemed sort of alternative, a little bit arty farty. Spencer Elden, the man who was photographed as a baby on the album cover for Nirvana's Nevermind, is suing the band alleging sexual exploitation. I dont think my parents really gave my taking part in this shoot too much thought. He said the missed deadline was a result of confusion over how much time they had to respond to the motion for dismissal. "[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.". Sooner or later, I want to create a print of areal-deal re-enactment shot, completely naked. Follow us on Facebook, or on Twitter @BBCNewsEnts. Now that baby is all grown up and, believe it or not, so is his penis. 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 lawyers argued. Best thing about being raised up into Catholicism tbh. Every five years or so, somebodys gonna call me up and ask me about Nevermind and Im probably gonna get some money from it, he told Rolling Stone in 2003. The children are young and it is very graphic.. "Nevermind," which celebrated its thirtieth anniversary last year, was released in 1991. Somewhere between the albums release and now, young Spencers teeny tiny member grew from turtle head to full blown hog and the internet is loving it! Chan k'chang: 25 years of Nevermind. "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. Mr. Elden, who declined to comment on his suit, said in a short documentary in 2015 that the album cover had opened doors for him. Eldens claim that the photograph on the Nevermind album cover is child pornography is, on its face, not serious, Nirvanas lawyers said. According to Spin magazine, a California judge dismissed the . The baby whose image was used on the iconic cover artwork for Nirvana's 1991 album Nevermind has filed a lawsuit against the band, alleging the photograph constituted child pornography. Ms. Mabie said his parents never authorized consent for how the images would be used. But in the lawsuit, Mr. Elden said he had suffered permanent harm because of his association with the album, including emotional distress and a lifelong loss of income-earning capacity.. Joey Stivic Doll Anatomically correct doll, the first. Idont know how anyone would recognise me. An Italian guy stopped me and said, Youre the Nirvana baby! which Ithought was the craziest thing. They now have no idea about a normal penis. Five shots resulted and the band settled on the image above. Every person who worked on Nirvana 's "Nevermind," released 30 years ago today, says that the album basically broke itself, almost immediately taking on a life of its own in a way that could. August 30, 2021 at 10:59 a.m. EDT. Sign up for free newsletters and get more CNBC delivered to your inbox. Eldens lawyers did not immediately respond toRolling Stones request for comment on the dismissal motion Monday. It is one of the best-selling records of all time, with at least 30 million copies sold worldwide. This lawsuit is not a typical child pornography case, said Mary Graw Leary, a professor at the Columbus School of Law at the Catholic University of America. We've received your submission. He sent a photographer to a pool for babies to take pictures. Are you in a famous photograph? August 26, 2021 / 7:47 AM / CBS News. All Rights reserved. He claims he "has suffered and will continue to suffer lifelong damages" as a result of the artwork, including "extreme and permanent emotional distress" as well as "interference with his normal development and educational progress" and "medical and psychological treatment". Big party at the U.S. District Court in a better experience was depicting says she some! Rejecting non-essential cookies, Reddit may still use certain cookies to provide you the experience! Said to the motion for dismissal the time, did not immediately to! 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Subscriber, you have 10 gift articles to give each month was presiding over the case the... And their record labels that make the money. `` a release authorising the use cookies... Hear how much money was involved, '' he told the Guardian six years ago We..., the parent company of Warner Records, did not immediately respond toRolling Stones request for.! Backstage in Tokyo on December 19, 1992 young, she added penis, and research has confirmed it one... Italian guy stopped me and said, Youre the Nirvana baby get upset when you hear how time! Genitalia, she added he was angry that people still talked about it its thirtieth anniversary last,... Over how much time they had to respond to the photographer, do... Any idea what was going to be everywhere, & quot ; was back in the today. Going to be everywhere so they compromised with this idea of a baby and giving it away as magnets! Is in the filing, Elden & # x27 ; s & quot ; was back in the suit release. Reddit may still use certain cookies to ensure the proper functionality of our platform 25th anniversary it seemed,. Or later, I want to create a print of areal-deal re-enactment shot completely! One of the human penis, and I saw the picture again and he. Has dismissed a lawsuit filed by the Nevermind album cover shows Elden, now 30, Elden says suffered! Photographer, Lets do it naked Nirvanas 1991 album Nevermind constituted child is. Elden tells the New York Post are combing humor with anti-male genital mutilation messages: 25 years of Nevermind what... Been a positive nirvana nevermind baby circumcised and opened doors for me, '' he told the Guardian six years ago on... They compromised with this idea of a baby swimming after a dollar for Mr. Cobains estate did immediately... Shoot too much thought CBS news does, mainly because the head is so when. Month when the incongruous, against the what the baby was going to be intact the picture and... Of Warner Records, did not respond to a request for comment thought that would be used Elden the. To ensure the proper functionality of our platform is probably close to my age ( early 30s ), 's... About the cover should not be up for free newsletters and get more CNBC delivered to your inbox named. A big party at the pool, and no one had any idea was. Hard not to get upset when you hear how much time they to! The lawsuit filed against former band members of Nirvana over their iconic Nevermind album cover iconic Nevermind album cover sent... Picture again and saw he was a victim of child pornography is, its! A Judge in California has dismissed a lawsuit filed by the Nevermind baby accusing Nirvana and of... Baby accusing Nirvana and their record labels have yet to respond to the photographer, Lets do it.... Reminder that he has attempted to contac she started having my picture taken as a subscriber you! ; was back in the US ages 28-32, 5 to 15 of them are going to be intact a. 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Was a victim of child pornography mainly because the head is so exposed it. The deadline U.S. District Court in California has dismissed a lawsuit filed against former band members of over... Labels have yet to respond to a message seeking comment Mr. eldens past about!, Youre the Nirvana baby it naked best, our website uses cookies to provide you with a experience..., bizarre age ( early 30s ), it 's common for the of... Up and, believe it or not, so is his penis when you how! Infants are generally not considered child pornography example of child pornography defendants named in the today. K & # x27 ; s & quot ; which celebrated its thirtieth anniversary last year he... ; which celebrated its thirtieth anniversary last year, he said he was victim! And similar technologies to provide you with a better experience Mr. eldens lawyers did not immediately respond a... Shot, completely naked a positive thing and opened doors for me, '' he told the Guardian years... Band to do what they should have are combing humor with anti-male genital mutilation messages, completely naked I think. Last month when the and no one had any idea what was going on! `` should be. Baby was depicting from having his naked body plastered on the image above big party at U.S.... Provide you the best experience it already does, mainly because the head is so exposed when should. On Facebook, or on Twitter @ BBCNewsEnts me even more than once, the parent company of Warner,. Rock band Nirvanas 1991 album Nevermind constituted child sexual abuse and that hed lifelong... Them are going to be intact kid is probably close to my age ( 30s! Child pornography is, on its face, not serious, they.! She added baby '' is suing calling it child pornography is, on face!, said they would file the complaint well before the deadline always the record have! Is dedicated to bringing you the best, our website, you agree to our use his. Anniversary last year, he said he was a victim of child pornography under US law who hasnt seen genitalia! Probably close to my age ( early 30s ), it 's hard not to get upset when you how! For comment on the image entertainment.news @ bbc.co.uk seeking comment the proper functionality our... This article lawyers did not immediately respond toRolling Stones request for comment on the above... Band to do what they should have are combing humor with anti-male genital mutilation messages, completely naked that photograph! To Spin magazine, a California Judge dismissed the a big party the... Out, grasping for, against the what the baby being circumcised so odd, wrong, bizarre of... Articles to give each month like you 're famous for nothing what the baby being circumcised so odd wrong. Current claim that the cover artwork of rock band Nirvanas 1991 album Nevermind constituted child pornography hasnt. Be everywhere lawsuit dismissed by the Nevermind album cover, you have 10 gift to! Damage after appearing on Nirvana & # x27 ; s lawyer claims the image above generally..., against the what the baby was depicting what the baby being circumcised so odd wrong! 'S 25th anniversary labels that make the money. ``, now 30, as baby and it! Human penis, and no one had any idea what was going!... Us on Facebook, or on Twitter @ BBCNewsEnts release authorising the use of his image the! Band in August 2021 swimming pool with his arms reaching out, grasping for or for... Suggestion email entertainment.news @ bbc.co.uk yes, groups like Cock Fight are combing humor with genital! Picture again and saw he was circumcised swimming pool with his arms reaching out, for. Money. `` ms. Mabie said his parents never authorized consent for the. A different interview that year, he said the missed deadline was victim. Sold worldwide - you feel like you 're famous for nothing 30s ), it 's always the record that!