A kiha allegation that Nirvanaof Just don’t The artwork contains child pornography that came to life again after it was overturned by a federal judge in California last week, Rolling Stone Reports and documents reviewed by Pitchfork confirm. Spencer Elden, who is now 30 years old but still young when his nude photo was shown on the album cover, filed a second amended complaint on Wednesday (January 12). The case before were dismissed after Elden’s team missed the Dec. 30 deadline to respond to the Nirvana team’s motion for dismissal. Elden has already reached the Jan. 13 deadline to adjust the lawsuit.
The refiled complaint claims that Nirvana, Kurt CobainThe estate of, photographer Kurt Weddle, and several record labels “deliberately commercialized child pornography depicting Spencer and used the obscene nature of his image to promote Just don’t Nirvana’s albums, bands, and music, while earning, at a minimum, ten million dollars in total. The lawsuit dismissed a claim that the defendants “knew benefited from participating in what they knew or should have known to be a sex trafficking business.”
Elden’s initial lawsuit was filed in August 2021. It claims that Elden suffered “lifelong injury” from the album cover and that his legal guardians never signed a release. “allows the use of any images of Spencer or his appearance, and certainly not of commercial child pornography depicting him.”
In a motion to dismiss filed last year, Nirvana’s attorney said Elden “reproduced the photograph in exchange for compensation, multiple times; he has an album title Just don’t printed on his chest; she appeared on a talk show wearing a parody of herself, nude colored onesie; he autographed the cover copies of the album sold on eBay; and he used the connection to try to get the women. The lawyer also argued that the statute of limitations on Elden’s allegations, including alleged trafficking crimes, had expired.
Pitchfork reached out to attorneys and representatives for Nirvana, as well as Spencer Elden’s attorneys, for comment and more information.