the suit will be dismissed “without prejudice,” and the matter will be considered closed. However, Judge Olguin’s dismissal was made “with leave to amend.” Therefore, although the lawsuit has been dismissed, Elden has been given a second chance to refile a new complaint – one which makes good the “defects” alleged in the defendants’ motion to dismiss, such as the allegation that the suit is time-barred. District Court in Central California, dismissed the case after Elden missed his deadline to file an opposition to the defendants’ motion to dismiss. Olguin, who was presiding over the case at the U.S. “Nevermind,” which celebrated its thirtieth anniversary last year, was released in 1991. Two weeks ago, the’ attorneys for Grohl, Novoselic, Weddle, Love, Cobain, Nirvana, L.L.C., MCA Records, UMG Recordings, Inc., Universal Music Group, Inc., The David Geffen Company and Geffen Records jointly sought a dismissal of Elden’s lawsuit, stating Elden had “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby’” and the suit was time-barred. Nirvana's 'Nevermind' at 30: The Inside Story of the Album's 'Overnight' SuccessĪs well as Grohl, Novoselic and Love, defendants to Elden’s lawsuit include Cobain, who died in 1994 music managers Guy Oseary and Heather Parry, who manage Cobain’s estate photographer Kirk Weddle art director Robert Fisher Nirvana’s original drummer Chad Channing (who was replaced by Grohl long before “Nevermind” was conceived of and released) and a variety of record companies (including some that are now defunct) that handled the album in some capacity since its release in 1991. Nirvana Attorneys Seek Dismissal of 'Nevermind' 'Child Porn' Lawsuit, Calling It Too Late and Too 'Absurd'Ĭourtney Love Says Kurt Cobain Would Be 'Proud' of How 'Succession' Used Nirvana's 'Rape Me'
Elden’s lawsuit claimed the image on the cover was taken and used without his consent and the nudity amounts to an image of child abuse. Last year, Spencer Elden - the baby pictured naked on the front of the album - sued a number of individuals and companies associated with the record including Nirvana band members Dave Grohl and Krist Novoselic as well as Kurt Cobain’s widow Courtney Love, who is the executor of Cobain’s estate. In the suit, Elden claims that his legal guardians never signed documents “authorizing the use of any images of Spencer or of his likeness, and certainly not of commercial child pornography depicting him.A judge has dismissed the lawsuit filed against the surviving members of Nirvana over the cover image of their iconic album “ Nevermind.” And, fortunately, I don’t have to do the paperwork.”īack in August, Elden filed a lawsuit against the band, seeking $150,000 in damages. When asked about the lawsuit, Grohl told the magazine: “I think that there’s much more to look forward to and much more to life than getting bogged down in those kinds of things. Nevermind’s cover features a naked 4-month-old Elden in a swimming pool reaching for a dollar bill. Grohl’s comments come just over a month after Nirvana was sued by Spencer Elden, the man who as a baby was famously featured on the album’s cover, for child sexual exploitation. I’m sure we’ll come up with something good.” “I have many ideas of how we should alter that cover, but we’ll see what happens,” he said. In a recent interview with The Times Magazine, Dave Grohl revealed that future Nevermind reissues could potentially come with different artwork.
Thirty years after the release of Nirvana’s landmark 1991 album Nevermind, it looks like the band may be forced to change the LP’s iconic cover.
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