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.
17 January 2022
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.
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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.