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Nirvana sued over baby photo on album

Nirvana wins lawsuit over naked baby on album cover

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September 5, 2022 / 2:10 PM
/ MoneyWatch

The man who was pictured as a baby on the cover of an iconic Nirvana album has lost a lawsuit accusing the grunge rock band of child pornography.
Los Angeles artist Spencer Elden, now 31, filed the lawsuit in U.S. District Court for the Central District of California in 2021, alleging that appearing naked as a 4-month-old infant on the cover of the 1991 album "Nevermind" caused him emotional distress and lost-learning capacity as an adult.
Elden attempted to sue former band members Krist Novoselic, Chad Channing, David Grohl and Robert Fisher; the estate of Kurt Cobain; his widow Courtney Love and others for $150,000 each.
Elden's lawsuit claimed the musicians "commercially marketed Spencer's child pornography and leveraged the shocking nature of his image to promote themselves and their music at his expense," according to the lawsuit.
More than 30 million copies of the album on which Elden is depicted swimming naked in a pool, reaching for a superimposed dollar bill on a fish hook, have been sold worldwide.
United States district Judge Fernando M. Olguin ruled Friday that Elden had waited too long to file the lawsuit given that he had learned about the album cover more than 10 years ago.
The judge in January dismissed the case after attorneys for Elden missed a deadline to file an opposition to the defendants' motion to dismiss.
Elden's lawyers had been allowed to file a second amended complaint concerning "alleged defects" in the defendants' motion to dismiss.
Nirvana's attorneys' motion to dismiss argued Elden had spent three decades profiting from his depiction on the album cover.
"He has reenacted the photograph in exchange for a fee, many times; he has had the album title 'Nevermind' tattooed across his chest; he has appeared on a talk show wearing a self parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women," they said.

First published on September 5, 2022 / 2:10 PM

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Nov 16, 2012, 10:50 AM EST | Updated Nov 16, 2012
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If you believe the studies, there is a LOT of action going on between the sheets among those over 60 -- and even among those over 70 and 80. A large body of research shows that arousal continues well into old age. Specifically, data from the University of Chicago's National Social Life, Health and Aging Project presented in the New England Journal of Medicine revealed that many men and women remain sexually active even when in their 70s and 80s.
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Meet Marna, A 74-Year-Old Photographer Who Is Absolutely Beautiful (NSFW)
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Arts and Culture Reporter, HuffPost
Marna Clarke is a photographer. She takes pictures of herself, mostly, and her partner Igor -- some around the house and others at the beach. What makes these photographs radical to some, however, is that Marna is 74 years old.
"This project began simply when I turned 70, four years ago, and began to think of myself as getting old," Clarke explained to The Huffington Post. "I wanted to see what 'old' looked like on me, so I started taking pictures of my naked body: feet, hands, torso, arms, legs, face, hair. I needed to hold pictures in my hands, not just look in the mirror for a temporary glimpse."
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"I dug up the courage to show this work to a very select group of people whom I thought would appreciate it. I received encouragement along with some complete confusion and bafflement. Not everyone is ready to look at naked bodies, much less old ones. I was wandering into some of our cultural taboos, namely the aging, their naked old bodies and death."
Clarke sometimes folds photos of her younger self into the works, juxtaposing images to create minimalist diagrams of time's passing. Yet out favorite images are the unembellished closeups -- a hand here, a back there -- that capture the beautiful stories embedded in our flesh.
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Clarke's photos capture this beauty of the human form at any age, as well as the radiating glow of self-love. See the stunning portrait of life after 70 below and let us know your thoughts in the comments.
Arts and Culture Reporter, HuffPost

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Friday's ruling marks the judge's second dismissal of this particular lawsuit.
FILE - Nirvana band members Krist Novoselic, from left, Dave Grohl and Kurt Cobain pose after receiving the award for best alternative video for "In Bloom" at the 10th annual MTV Video Music Awards on Sept. 2, 1993, in Universal City, Calif. (AP Photo/Mark J. Terrill, File)
and last updated 2:51 AM, Sep 06, 2022
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Give Light and the People Will Find Their Own Way
A federal judge in California dismissed a lawsuit last week that alleged the photo of the naked baby that graced the cover of Nirvana's album "Nevermind" constituted child pornography.
On Friday, U.S. District Judge Fernando Olguin ruled that he dismissed 31-year-old Spencer Elden's case because he waited too long to file his lawsuit, NBC News and The New York Times reported.
The album cover depicts then-4-month-old Elden naked underwater, with a dollar bill on a fishhook, which was later edited into the image, dangling in front of him, NPR reported.
Initially, Elden seemed to have celebrated his appearance on the album, having re-enacted the photo during his adult life, the media outlets reported.
But last year, Elden filed the lawsuit against the band's surviving members, Dave Grohl and Krist Novoselic; the estate of Kurt Cobain; Cobain’s widow, Courtney Love; and others, claiming that he was sexually exploited, the news outlets reported.
Olguin's decision Friday marks the second time he's thrown out the lawsuit.
In January, he dismissed it after Elden's lawyers missed a deadline for responding to the defense's motion, but Olguin gave them a particular date to refile the lawsuit, NPR reported.

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