The suit also names former Nirvana drummer Chad Channing, who was replaced by Grohl before the album was recorded or the cover was shot. Nude but non-sexualized images of children are not necessarily considered child pornography under the law: The Department of Justice defines child pornography as “any visual depiction of sexually explicit conduct involving a minor.” A common interpretation of the cover image concerns the band’s critique of capitalism.ĭefendants include surviving members of the band Dave Grohl (now of Foo Fighters) and Krist Novoselic, as well as Courtney Love (Kurt Cobain’s widow and executor of his estate) and a number of record companies connected to the album, some of which are now defunct. Music Review: Even absent Kurt Cobain, Nirvana’s power shines bright as surviving members reuniteĪt a fundraising gala, Dave Grohl, Krist Novoselic and Pat Smear performed Nirvana songs, with Grohl’s 13-year-old daughter a standout on ‘Heart-Shaped Box.’ “Defendants used child pornography depicting Spencer as an essential element of a record promotion scheme commonly utilized in the music industry to get attention, wherein album covers posed children in a sexually provocative manner to gain notoriety, drive sales, and garner media attention, and critical reviews.”
“Defendants intentionally commercially marketed Spencer’s child pornography and leveraged the shocking nature of his image to promote themselves and their music at his expense,” the lawsuit reads, in part. The lawsuit further claims that by altering the image to include the dollar bill on a fish hook, they made him look “like a sex worker.” Attorney Robert Lewis claims in the suit that by using the photo of then-baby Elden with his genitalia exposed, the defendants sexualized the child.
District Court’s central district of California seeking at least $150,000 in damages from each of about 10 defendants. Spencer Elden, 30, filed suit in the U.S. The naked baby chasing the dollar-bill bait on the cover of Nirvana’s iconic “Nevermind” album wants more than a buck from the band, and he’s suing them on the grounds of child pornography to get it.
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