News | Entertainment
28 May 2022 20:09
NZCity News
NZCity CalculatorReturn to NZCity

  • Start Page
  • Personalise
  • Sport
  • Weather
  • Finance
  • Shopping
  • Jobs
  • Horoscopes
  • Lotto Results
  • Photo Gallery
  • Site Gallery
  • TVNow
  • Dating
  • SearchNZ
  • NZSearch
  • Crime.co.nz
  • RugbyLeague
  • Make Home
  • About NZCity
  • Contact NZCity
  • Your Privacy
  • Advertising
  • Login
  • Join for Free

  •   Home > News > Entertainment

    Spencer Elden has re-filed his lawsuit against Nirvana over the artwork for 'Nevermind'

    Elden - who was four months old when he was photographed naked in a swimming pool reaching out for a dollar bill on a fishing line for the band's iconic 1990 album - has reinstated his case after his initial complaint was dismissed by a judge last week.


    He has claimed the photo constitutes child pornography, and he filed papers on Wednesday (12.01.22) which ensured he met the judge's deadline to reinstate the case.

    Elden's initial case was thrown out after the 30 year old failed to respond after Nirvana and their co-defendants filed a motion to dismiss.

    In his amended complaint, Elden is no longer claiming the creation of the picture entailed his sex trafficking when he was a baby.

    However, he is still alleging that the band "intentionally" marketed a picture which constitutes "child pornography".

    Meanwhile, his lawyers have included a statement from art director Robert Fisher - who worked on the cover and was named in the original lawsuit before being dropped as a defendant on December 22 - as he claimed he advised the band and record label that the the baby's genitalia could be digitally removed.

    Fisher's statement also features an early mock-up of the 'Nevermind'

    cover, which uses a stock image of a different baby without their genitalia exposed.

    Elden's lawyers alleged: "Like creators of other controversial album covers, the defendants sought to garner attention by using a sexually explicit image that intentionally focused on Spencer's carefully positioned enlarged genitals."

    Elden is calling for damages of at least $150,000 from each defendant - including surviving band members Dave Grohl and Krist Novoselic, as well as Kurt Cobain's widow Courtney Love and photographer Kirk Weddle, and record labels Geffen and Universal Music.

    Nirvana's lawyers had filed to dismiss and said the 30-year-old's arguments - including claims the artwork caused him "extreme and permanent emotional distress" plus loss of wages and "enjoyment of life"

    - lacked merit.

    They added: "Elden's claim that the photograph on the Nevermind album cover is 'child pornography' is, on its face, not serious."

    They said that anyone owning a copy of the record would "on Elden's theory [be] guilty of felony possession of child pornography".

    Their lawyers continued: "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."

    Now, the defendants have until January 27 to respond to the latest complaint.

    © 2022 Bang Showbiz, NZCity

     Other Entertainment News
     28 May: Britt Robertson is engaged
     28 May: Kris Jenner finds it "hard" to go grocery shopping because she's so famous
     28 May: Marcus Rashford has got engaged
     28 May: A judge has dismissed a lawsuit filed against Marilyn Manson by his former assistant
     28 May: Prince Harry and Duchess Meghan have reportedly hired Michael Jackson's former bodyguard to head their security team
     28 May: Gaten Matarazzo is "stoked" to be cast in 'Dear Evan Hansen' on Broadway
     28 May: Kim Kardashian is "heartbroken, disgusted and furious" about the inaction over gun control following the US' second deadliest mass shooting at a Texas primary school
     Top Stories

    RUGBY RUGBY
    Highlanders coach Tony Brown's dismissing criticism of the Super Rugby Pacific format that sees his side poised for a finals berth despite a four-win, nine-loss record More...


    BUSINESS BUSINESS
    Chemicals maker DGL has announced it will delist from the NZX next month ... and retain a sole listing on the Australian Stock Exchange More...



     Today's News

    Entertainment:
    Britt Robertson is engaged 19:39

    Entertainment:
    Kris Jenner finds it "hard" to go grocery shopping because she's so famous 19:09

    Law and Order:
    Auckland's DFS Galleria on Customs Street West has been hit by a late-night smash'n'grab raid 19:00

    Entertainment:
    Marcus Rashford has got engaged 18:39

    Auckland:
    Emergency services in Auckland are responding to a crash on State Highway One in Warkworth 18:30

    Law and Order:
    Police have arrested 22-year-old Christian Eteuati, who was wanted in relation to the homicide in Mount Albert has been arrested 18:10

    International:
    Ukraine may lose last pocket of resistance in Luhansk as Russia advances east 18:10

    Entertainment:
    A judge has dismissed a lawsuit filed against Marilyn Manson by his former assistant 18:09

    Rugby League:
    The Warriors have let a 12-nil lead slip against the Knights... as the Kiwi side bids for a drought-breaking NRL win 18:00

    Entertainment:
    Prince Harry and Duchess Meghan have reportedly hired Michael Jackson's former bodyguard to head their security team 17:39


     News Search






    Power Search


    © 2022 New Zealand City Ltd