An American man named Spencer Elden is the child who appeared naked on the cover of the Nevermind album. In 2022, a court in Los Angeles, California, USA, dismissed Elden's lawsuit against the band's Nevermind album cover. This was the third time Elden's lawsuit related to the Nevermind album cover was dismissed by the court.
But on Thursday, a federal court in California, after accepting Elden’s objection to the ruling, decided to remand the case back to a lower court, asking for a review of the case. According to the latest decision of the federal court, the continued use of the original Nevermind album cover could cause new and more serious harm to Elden.
American young man Spencer Elden is the child who appeared naked on the cover of the album "Nevermind" (Photo: New York Post).
In fact, the image was used again in the 2021 reissue of Nevermind , to mark the album’s 30th anniversary. The issue, the court said, was not whether the album cover was pornographic, but rather the potential impact on Elden in the present.
Elden has filed three lawsuits in court for claiming that the cover of Nirvana's 1991 album Nevermind was "pornographic". When this photo was taken, Elden was only 4 months old. According to Elden, the cover of Nevermind had negative consequences for his entire life.
Elden claims that his image has been exploited and sexualized. In the photo used as the album cover, a naked boy named Elden swims towards a one dollar bill, his genitals exposed in the photo.
After Elden's third lawsuit was dismissed by a Los Angeles court in 2022, Elden is no longer allowed to file a fourth lawsuit in local court regarding this issue.
Elden believes his image has been exploited and pornified (Photo: New York Post).
The album "Nevermind" (1991) was a breakthrough musical product in the career of the band Nirvana (Photo: New York Post).
Judge Fernando Olguin once said the reason for dismissing Elden's third lawsuit was because he waited too long to make a legal move.
In his lawsuit, Elden is suing multiple parties, including the surviving members of Nirvana and those who have been involved in the release and distribution of the album over the past three decades, alleging that they have worked together to create "pornographic" material that features images of children.
Elden claims that he has suffered "long-term damage" from the album cover released in 1991. The damage is immeasurable and has caused him many problems in studying, working, earning a living and enjoying life.
In response to Elden's lawsuits, the attorney representing Nirvana has consistently asked the court to dismiss the lawsuits on the grounds that the lawsuit Elden is pursuing has many unreasonable points, is not worth going to trial and all shows that this man is just looking for a sum of money.
Revisiting the case of a young man who accused of having "pornographic" photos taken on his album cover ( Video : Inside Edition).
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