News | Entertainment
29 Mar 2024 12:15
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: 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
     29 Mar: Machine Gun Kelly is said to be in "good spirits" despite Megan Fox admitting they once called off their engagement
     29 Mar: Inside Islamic State's transformation, from life support to 'slaughtering with gusto'
     29 Mar: Stephen Colbert regrets being one of the famous faces who stoked conspiracy theories about Catherine, Princess of Wales ahead of her cancer treatment announcement
     29 Mar: John Lydon felt as if he lost "half" of himself when his wife died
     Top Stories

    RUGBY RUGBY
    Calls for Rugby Australia to back their women's game from Chiefs Manawa fullback Renee Holmes More...


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



     Today's News

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

    Rugby League:
    Black Ferns fullback Renee Holmes is unlikely to make a code switch to rugby league in the immediate future 11:57

    Entertainment:
    Eva Mendes says she and Ryan Gosling had a "non-verbal agreement" she'd be a stay-at-home mum 11:53

    Law and Order:
    A forensics team is in Auckland's Browns Bay, as investigations continue after one person died, after assaulting someone 11:27

    Entertainment:
    Rebel Wilson has dec lared she won't be "bullied or threatened" by Sacha Baron Cohen 11:23

    Accident and Emergency:
    An eight-year-old child is the sole survivor of a bus crash in South Africa that's killed 45 people 11:07

    Entertainment:
    Whoopi Goldberg stormed off the stage of 'The View' to tell off an audience member for filming it on his phone 10:53

    Cycling:
    Star Belgian cyclist Wout van Aert has had surgery after suffering multiple fractures in a crash which has put his Giro d'Italia entry in doubt 10:47

    Law and Order:
    The tangi of one of the men who died after a mass brawl at a 21st birthday party in Gisborne last weekend will be held today 10:27

    Entertainment:
    Machine Gun Kelly is said to be in "good spirits" despite Megan Fox admitting they once called off their engagement 10:23


     News Search






    Power Search


    © 2024 New Zealand City Ltd