Baby on Nirvana album cover sues band alleging child pornography

 

Spencer Elden who is now 30 years old is suing the band Nirvana due to his appearance on an album featured prominently on Nirvana’s 1991 album Nevermind. Spencer is on the cover where he is underwater and naked with his private part showing. He seeks to gain $150,000 from seventeen defendants named in the lawsuit which would be including Nirvana band members, Courtney Love the Kurt Cobain’s state as well as other record executives.

The lawsuit states-“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,” reads the lawsuit. “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.” Source Courthousenews

The lawsuit also states Defendants knowingly produced, possessed, and advertised  commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so.

Defendants reproduced child pornography depicting Spencer knowing  and intending that it would be distributed internationally and that they would receive value from such widespread worldwide distribution.

Despite this knowledge, Defendants failed to take reasonable steps to  protect Spencer and prevent his widespread sexual exploitation and image trafficking. Defendants knowingly benefited and continue to benefit from their participation in Spencer’s commercial sexual exploitation. As a result of the above, Spencer has suffered and will continue to suffer lifelong damages.

A lawsuit filed claiming: This is a suit for damages arising out of each of the Defendant’s  violations of federal criminal child pornography statutes 18 U.S.C. Defendants reproduced child pornography depicting Spencer knowing and intending that it would be distributed internationally and that they would receive value from such widespread worldwide distribution.. Despite this knowledge, Defendants failed to take reasonable steps to  protect Spencer and prevent his widespread sexual exploitation and image trafficking. Defendants knowingly benefited and continue to benefit from their participation in Spencer’s commercial sexual exploitation.

The defendant’s named are as follows:

 

NIRVANA, L.L.C., )

18 UNIVERSAL MUSIC GROUP, INC., )

19 THE DAVID GEFFEN COMPANY, )

20 GEFFEN RECORDS, )

21 WARNER RECORDS, INC., )

22 MCA MUSIC, INC., ) Verified Complaint

23 KIRK WEDDLE, ) Pursuant to

24 KURT COBAIN, DECEASED, ) 18 U.S.C. 2255

25 COURTNEY LOVE, AS EXECUTOR OF THE )

26 ESTATE OF KURT COBAIN, )

27 HEATHER PARRY, AS MANAGER OF THE )

28 ESTATE OF KURT COBAIN, )

29 GUY OSEARY, AS MANAGER OF THE ESTATE )

30 OF KURT COBAIN, )

31 KRIST NOVOSELIC, )

32 CHAD CHANNING, )

33 DAVID GROHL, and )

34 ROBERT FISHER,

 

 

 

 

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