An attorney for Nirvana formally responded to a lawsuit about the band Just don’t artwork, as Billboard notes. the motion to dismiss filed yesterday (Dec. 22) in federal court in California. In the filing, attorneys argued that plaintiff Spencer Elden’s claims were “prohibited by applicable statute of limitations.” In addition, the lawyer wrote, “Elden’s claim that the photograph of Just don’t The album cover is ‘child pornography’, on the face of it, not seriously. “
Spencer Elden nisang-at in the case on Aug. 24, accused Nirvana of violating federal pornography laws and also accused them of exploitation. The living members of Nirvana (Dave Grohl and Krist Novoselic), the state of Kurt Cobain, Courtney Love, photographer Kirk Weddle, the labels released Just don’t, and other parties were all named as defendants in the lawsuit.
In the motion to dismiss, the defendants’ attorney said that the particular laws the band is accused of violating a 10 -year law of limitations. “Time will run from the time the plaintiff reasonably later discovers either the‘ violation ’or the‘ injury ’to‘ form the basis of the claim, ’” the attorney wrote. Thus, the lawyer argued, the statute of limitations had expired because Elden knew of the album cover and photo before August 2011. The filing reads:
After the case was filed, Elden’s legal team further explained the reason for the case in interviews. different and The New York Times. In the years before the lawsuit, Elden repeatedly participated in campaigns that recreated the cover image, in addition to tattooing the album titled on his chest. That enthusiasm has disappeared in recent years, as Elden said GQ Australia in 2016.
A month after Elden filed his case, 30th anniversary on Just don’t announced. The collection was released on November 12 by Geffen and UMe.
Pitchfork reached out to representatives and attorneys for Nirvana, as well as an attorney for Spencer Elden, for comment and more information.
Read “A Brief History of Musicians Sued over Their Album Cover Topics”In Pitch.