News | Entertainment
29 Mar 2024 14:17
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.

    © 2024 Bang Showbiz, NZCity

     Other Entertainment News
     29 Mar: Christina Applegate regrets lying about how she felt during her battle with breast cancer
     29 Mar: Meghan, Duchess of Sussex is reportedly aiming to make cash selling dog treats and chicken feed
     29 Mar: Pregnant mum-of-one Ashley Tisdale has admitted she vowed never to have a second baby
     29 Mar: Kelly Clarkson is reportedly happy and has no regrets about ending her marriage to Brandon Blackstock
     29 Mar: Eva Mendes says she and Ryan Gosling had a "non-verbal agreement" she'd be a stay-at-home mum
     29 Mar: Rebel Wilson has dec lared she won't be "bullied or threatened" by Sacha Baron Cohen
     29 Mar: Whoopi Goldberg stormed off the stage of 'The View' to tell off an audience member for filming it on his phone
     Top Stories

    RUGBY RUGBY
    The Matatu aren't giving up on their season even though they're no hope of making the Super Rugby Aupiki final More...


    BUSINESS BUSINESS
    Innovative New Zealand apple producing company Rockit is focussing on its international expansion More...



     Today's News

    Golf:
    Top New Zealand golfer Lydia Ko has had a solid opening round at the latest LPGA Tournament in Arizona 14:07

    Cricket:
    The White Ferns are struggling to post a competitive score in the 5th T20 clash against England in Wellington 14:07

    Entertainment:
    Christina Applegate regrets lying about how she felt during her battle with breast cancer 13:53

    Rugby:
    The Matatu aren't giving up on their season even though they're no hope of making the Super Rugby Aupiki final 13:47

    Entertainment:
    Meghan, Duchess of Sussex is reportedly aiming to make cash selling dog treats and chicken feed 13:23

    Law and Order:
    A scene examination is underway, following the death of a man after an incident yesterday, at a restaurant in Auckland's Browns Bay 13:07

    Entertainment:
    Pregnant mum-of-one Ashley Tisdale has admitted she vowed never to have a second baby 12:53

    Soccer:
    An 11th-hour broadcast replacement has saved the blushes of administrators in football's A-Leagues 12:27

    Entertainment:
    Kelly Clarkson is reportedly happy and has no regrets about ending her marriage to Brandon Blackstock 12:23

    Living & Travel:
    South Africa bus crash leaves at least 45 dead after vehicle plunges off bridge and catches fire 11:57


     News Search






    Power Search


    © 2024 New Zealand City Ltd