Nirvana’s Lawyers File a Motion to Dismiss “Nevermind” Baby Lawsuit


As previously reported, Spencer Elden, who as a baby was featured on the album artwork of Nirvana’s classic album Nevermind (Geffen) is suing the surviving members of the band and the estate of late frontman Kurt Cobain for Child Pornography charges and restituition. Now lawyers for Nirvana, Universal Music Group (UMG) and others named in the suit have filed a motion to dismiss the case, based on being “barred by the applicable statute of limitations.” This is following an mediation for settlement on December 13th and that apparently stalled. Accordign to Digital Music News, both sides were trying to settle.

“Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby,’” the firmly worded text proceeds. “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.”

 

After that, the 22-page-long filing elaborates that the child-pornography claim “has a ten-year limitations period and cannot reach an injury that Elden knew about before 2011.” And as “the statute of limitations for Section 2255 is expressly tied to the plaintiff’s knowledge of his or her victimization,” 30-year-old Elden’s action is barred, per the Nirvana defendants.

 

On the sex-trafficking front, in addition to the aforementioned statute of limitations argument, UMG and the other defendants state that the corresponding statute went into effect in 2003, and it contains “no retroactive application to conduct by a defendant that pre-dates its effective date.”

 

“As the law precludes Elden from advancing a private cause of action for sex trafficking under a statute that did not exist at the time of the alleged trafficking,” the text states, “he has no ability to pursue this claim—full stop.”

 

Lastly, following detailed examples (including interviews) that aim to demonstrate Elden’s longtime knowledge of the album cover, the filing for good measure takes aim at potential “violations of the child pornography statute that occurred on or after August 24, 2011, e.g., a mailing of a copy of the ‘Nevermind’ album after 2011” – though Elden “has not yet” made such an argument.

 

“Elden has alleged no facts, at all, about any barriers outside his control which prevented him from asserting a timely claim, and cannot plausibly allege any such facts to warrant tolling of the statute from 1995 to the time of filing, even if he were given leave to amend,” the defendants reiterate at the motion’s end. “Elden’s failure to timely pursue a sex trafficking claim within the limitations period bars it now, to the extent that it is not already dead on arrival.”

The complaint filed in Los Angeles federal court, since amended, which also names photographer Kirk Weddle and the various record companies behind the album’s release, Elden claims that his “identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide from the time he was a baby to the present day.”

 

According to the suit, the defendants “knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so. … Despite this knowledge, defendants failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking.”

 

 

Elden claims that his parents never signed a release authorizing the use of the photos, which were taken in a Pasadena aquatic center in 1990. He alleges that the band promised to cover his genitals with a sticker, which was never incorporated into the album art.

 

“To ensure the album cover would trigger a visceral sexual response from the viewer, Weddle activated Spencer’s ‘gag reflex’ before throwing him underwater in poses highlighting and emphasizing Spencer’s exposed genitals,” the complaint states.

 

The suit further alleges the 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.”

 

Elden is seeking damages of either $150,000 from each of the 17 defendants or unspecified damages to be determined at trial, attorney fees, an injunction to prohibit all parties “from continuing to engage in the unlawful acts and practices described herein,” and a trial by jury.

 

“The permanent harm he has proximately suffered includes but is not limited to extreme and permanent emotional distress with physical manifestations, interference with his normal development and educational progress, lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at trial of this matter,” the lawsuit states.

 

Elden’s parents were reportedly paid only $200 for the photos, and the shoot lasted around 15 seconds.

 

https://www.tmz.com/2021/08/24/nirvana-kurt-cobain-sued-baby-nevermind-album-cover-art-child-sexual-exploitation-federal-lawsuit/


Watch Post Malone Cover Nirvana with Travis Barker of Blink-182


As reported previously, Post Malone held a livestream concert last night for charity via his YouTube channel. He performed Nirvana “hits and fan favorites” while raising money for the COVID-19 Solidarity Response Fund. Among the musicians backing Post during the performance is Blink-182 drummer Travis Barker. Throughout the show, Google will match all donations at up to $5 million, with all proceeds going to the UN Foundation. Not only did Posty have Kurt Cobain widow and co-estate executor Courtney Love’s blessing, Nirvana member Krist Novoselic watched the stream and tweeted his support and delight at the covers. Watch now! Continue reading


Courtney Love Says Hole is “In Discussions” About Reuniting


In a new interview, Courtney Love reveals that she is in discussions for Hole to stage a reunion. This past spring marked the 25th anniversary of the bands’ landmark album Live Through This (DGC). The band, Love, Eric Erlandson, Patty Schemel, and Melissa Aur Der Mar, have flirted with a reunion for years, but been unable to commit for various reasons. Here’s hoping it works out. Continue reading


Nirvana’s Kurt Cobain – 25 Years Later


For those of a certain age, the news that twenty-five years have passed since the death of Kurt Donald Cobain will scarcely be believable. But it is 25 years and yes, you do now feel old. You probably still feel sad and melancholy. Time has a terrible way of playing tricks with your memory but the passing of Nirvana’s frontman still resonates as if it were yesterday. The past remains, undoubtedly, a foreign country but I remember exactly where I was and what I was doing. I was in laundrette in Bristol, England doing a weekend load of washing (this is what students did then). I was listening to the BBC on my five-year-old Sony radio walkman- remember those?- when the terrible, heart-stopping news came through on that grey, terrible slate grey April day.

Continue reading


Smashing Pumpkins Announce Guests For 30th Anniversary Show Later This Week


On tour all summer, Smashing Pumpkins have been playing secret shows, hosting fan contests and more to celebrate their return. Now they have announced numerous special guests for their upcoming 30th Anniversary Performance at PNC Bank Arts Center in Holmdel, NJ on August 2, 2018. AFI frontman Davey Havok, Joy Division and New Order bassist Peter Hook, Killers members Dave Keuning and Mark Stoermer, Courtney Love, Mark McGrath, and Deftones frontman Chino Moreno will join the band throughout the momentous show.


Announced due to overwhelming demand for a second New York area date, the special 30th anniversary performance will feature a career-spanning setlist, covers, never before seen production, and more surprises. Indie rock band Metric will provide support. Tickets for the show are on sale now and are available at www.smashingpumpkins.com, LiveNation.com, and via the Live Nation App.


Ginger Wildheart Announces Upcoming UK Dates


ginger wildheart

Ginger Wildheart has released his newest single “Honour,” recorded by himself and Courtney Love, which will be part of his G•A•S•S• project.

He has also announced his upcoming UK tour, where he will be performing his Songs & Words show, spanning material from The Wildhearts, Silver Ginger 5, Clam Abuse, and his myriad solo material. He has also brought back his Hallowe’en Hootenanny as well, with all dates below.

Apr 11: Old Rep Theatre – Birmingham
Apr 24: Sugar Club – Dublin
Apr 26: Leicester Square Theatre – London
May 01: Eastwood Park Theatre – Glasgow
May 09: Dancehouse Theatre – Manchester
May 15: The Lane Theatre – Newquay
Oct 30: Slade’s Room – Wolverhampton (The Nightmare Before Hallowe’en, with Hey! Hello!)
Oct 31: Slade’s Room – Wolverhampton (Hallowe’en Hootenanny, with The Ginger Wildheart Band)


Ginger Wildheart Streams ‘Honor’ With Courtney Love, Forms New Project G-A-S-S


courtney-love-ginger

Ginger Wildheart has been working his latest musical venture called G-A-S-S-, where he has rewarded members with 24 brand new songs, 16 unreleased demos and alternate mixes, regular diary updates, podcasts, horror reviews, and many other exclusive extras.

Visit here now, where you can get a sampler of the new music that’s on offer, a podcast, a selection of diary entries, and more, all wrapped up in the gorgeous exclusive artwork that accompanies it. And if you like what you find, then you can sign up for the full package, catch up with the last 8 months worth of content and receive 4 more!

Ginger has recently recorded the song “Honour” with Courtney Love, and while he was in Australia playing for her band, they recorded a video for the song, which will be released as a single in the New Year. Watch it here.


Ginger Wildheart announces 50th birthday bash, new fan club & Courtney Love duet


Having spent part of 2014 as a member of Hole frontwoman Courtney Love‘s touring band, the very prolific Ginger Wildheart has confirmed details of his 50th birthday shindig, to take place at London, Kentish Town HMV Forum on 17th December 2014. The venue was the scene of The Wildhearts first London headline show as an album band twenty years ago, the very same gig where Ginger wore a white tuxedo in honour of his mother’s birthday, and the video for ‘Suckerpunch’ was filmed – obviously a venue close to the Geordie in Wonderland’s heart!

gingerwildheart

One of the most successful crowd-funded artists of all time, Ginger will be playing hits from his many projects, including the Wildhearts, his solo albums and Silver Ginger 5 and will be joined by many (as yet unannounced) guest appearances.

In addition, Ginger has also announced that on 2nd February 2015, he will be releasing a brand new song, co-written with Miss Love, ‘Honoured‘, a live version of which is has been released on Youtube, and can be viewed below:

And, as if that isn’t enough, Ginger has a new online fanclub, and the single is currently available through Ginger’s new multimedia fan site GASS (Ginger • Associated • Secret • Society) and was released on itunes on the 1st December 2014. GASS is a multi-tier fan club for Ginger Wildheart fans. By signing up you gain access to exclusive content including a year’s supply of new Ginger songs (36 in all!), and much more!

You can visit http://g-a-s-s.co/main/ for more details.

Your man is certainly giving Devin Townsend a run for his money in the busy stakes!

 

Ginger Wildheart on Facebook

 

Steve Tovey