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NIRVANA Seeks To Dismiss Nevermind Lawsuit, Calls Claims "Not Serious"

They also claim he's spent tons of time profiting off the photo.


Spencer Elden, the (former) baby swimming on the cover of Nirvana's classic 1991 Nevermind album, filed a lawsuit against Nirvana and people associated with the band back in August over the iconic cover. The lawsuit claims that the image is child pornography, cites Nirvana frontman Kurt Cobain's personal diary as evidence, and seeks $150,000 from multiple parties associated with the band. These parties include Dave Grohl and Krist Novoselic; Courtney Love, who serves as the executor of Kurt Cobain's estate; photographer Kirk Weddle, who took the initial photo; art director of Nevermind Robert Fisher; and "a number of existing or defunct record companies that released or distributed the album in the last three decades."

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Now the parties involved have responded to the lawsuit, calling it "not serious" and are asking for a dismissal. In the motion for dismissal, the parties claim Elden has "spent three decades profiting from his celebrity as the self-anointed 'Nirvana Baby'" and assert that his lawsuit "will fail on the merits." The parties also make the argument that a photo of a naked baby is not child pornography.

"The photograph was taken and released in 1991," reads a portion of the Introduction of the motion. "The baby in the photograph is now a thirty-year-old man, the plaintiff, Spencer Elden. Elden has spent three decades profiting from his celebrity as the self-anointed 'Nirvana Baby.' He has re-enacted the photograph in exchange for a fee, many times; he has had the album title Nevermind 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. See, e.g., Kim Decl., Exs. B-H."

Read the full motion here. Grohl also recently reacted to the lawsuit, not really saying much outside "Listen, [Elden] got a Nevermind tattoo. I don't."

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