The man pictured naked as a baby in the album nevermind, of Nirvana, 1991, resumed lawsuit accusing the band of sexually exploiting him, after a US judge dismissed an earlier version of the case.
Spencer Elden argued in a new lawsuit filed Wednesday in Los Angeles that the “lewd nature of her image” amounted to “child pornography,” which helped the band raise tens of millions of dollars at her expense.
the drummer Dave Grohl and the bass player Krist Novoselic; Courtney Love, widow of the lead singer of Nirvana, Kurt Cobain; several record companies and the photographer Kirk Weddle are among the 10 defendants. Elden seeks at least $150,000 of each.
Lawyers for the defendants did not immediately respond Thursday to requests for comment.
the cover of nevermind it showed Elden, then 4 months old, swimming naked towards a $1 bill pierced with a hook, an image that Elden said had caused him “lifelong harm”.
Elden filed the new complaint nine days after District Judge Fernando Olguin rejected an earlier version because Elden had not responded to the defendants’ motion to close the case.
The latest complaint includes a statement from art director Robert Fisher, describing a photo he used for a model for the cover of nevermind that showed a different baby and didn’t show his penis.
Elden said the band decided to create their own photo to save money, with Cobain ironically suggesting that the cover include a warning sticker saying, “If you’re offended by this, you must be a closet pedophile.”
Fisher was dropped as a defendant last month.
nevermind sold over 30 million copies worldwide. The disc features the song Smells Like Teen Spirit. Grohl now leads the band Foo Fighters. Cobain died in 1994.