“Nevermind” Cover Trial: Nirvana Responds

Although there was some celebration around It does not matter30th anniversary, there has also been some controversy. Spencer Elden – the man who long identified himself as the baby seen on It does not matter, and who has recreated the image several times over the years – has filed a lawsuit against surviving members of Nirvana, the Kurt Cobain estate, photographer Kirk Weddle and the labels involved in the album’s release, alleging that the It does not matter the cover is child pornography. Elden is asking each party named in the lawsuit for $ 150,000.

Previously, in October, Dave Grohl acknowledged the lawsuit and suggested new reissues of It does not matter may have different coverage. Now like Billboard reports, the group is responding to the lawsuit on a more formal basis, issuing a statement saying the case is “not serious” and was filed long after the statute of limitations expired. The fact that Elden has previously and repeatedly adopted the image could also be factored into the group’s argument against the lawsuit.

“Elden has spent three decades enjoying his fame as the self-proclaimed ‘Nirvana Baby’,” the group wrote. Other details the group cited included these reconstructions of the photo and the fact that Elden has the name It does not matter tattooed on his chest. As for the statute of limitations, Elden bringing a federal lawsuit against child pornography would only apply within 10 years of discovering the problem ‘reasonable’, with the group stressing that this would mean he did not. discovered that in 2011. They continued:

But the It does not matter The cover photo was taken in 1991. It was world famous by 1992. Long before 2011, as Elden argued, Elden was aware of the photo and knew he (and not someone from) ‘other) was the baby in the photo. He has been fully aware of the facts of the alleged “violation” and “injury” for decades.

Like Billboard points out that this might just be the beginning of the response from Nirvana, who is preparing to argue that the image does not constitute child pornography if the case continues.

“Elden’s assertion that the photograph on the It does not matter the album cover is that ‘child pornography’ is prima facie not serious, ”the group said. “A brief review of the photograph or Elden’s own conduct (not to mention the presence of the photograph in the homes of millions of Americans who, according to Elden’s theory, are guilty of criminal possession of child pornography)” clearly shows it. “

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