A judge in California has dismissed Nevermind baby Spencer Elden’s child exploitation lawsuit against NIRVANA.
30-year-old Spencer Elden filed a complaint at Los Angeles federal court last August claiming that the 1991 image in a swimming pool chasing a dollar bill is child sexual exploitation and violates federal child p*rnography statutes.
Elden sought 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.
Elden claimed 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, photographer Kirk Kirk 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 p*rnography 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.”