The members of Nirvana are seeking the dismissal of a child pornography lawsuit filed against the famous American rock band by Spencer Elden, the man who, some three decades ago, was featured on their iconic "Nevermind" album cover as a naked baby swimming in a pool.
According to the New York Post, the motion to dismiss the litigation in question was filed on behalf of the late Kurt Kobain’s estate and his surviving bandmates, with lawyers representing the band saying that Elden’s lawsuit smells like an “absurd” cash grab.
As Elden alleged, he was not able to give consent to be photographed at the time the photo was taken, as he was only four months old, and thus said image amounts to child sexual exploitation.
He also reportedly claimed that he suffered “lifelong damage” and was forced to engage in “commercial sex acts” by the band, and that the image was marketed by Nirvana as “child pornography”.
Nirvana’s lawyers, however, pointed out that Elden “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby'”, as he apparently re-enacted the photo shoot for money, and used the “connection to try to pick up women”.
The lawyers noted that Elden has “autographed copies of the album cover for sale on eBay”, and argued that his claims were “absurd” and “will fail on the merits,”
The federal statute of limitations for the civil claim of sex abuse Elden brought forth had expired, the lawyers reportedly added.