A jury has yet to vote, if the case should make it to court, on whether the former members of Nirvana and their associates sexually exploited a child by putting an unclothed 4-month-old boy on the …
over the image. And there’s a lot of sympathy for the fact that Elden’s family was only ever paid $200 for a photo seen on a reported 30 million album covers and untold further millions of merch items.
I think when something like this happens, the only person who can understand what it’s like to be in Spencer’s shoes is Spencer. That being said, these are not new feelings. He has always felt invaded. Even as a child, Spencer expressed that this was uncomfortable, and he doesn’t like the way that this puts him in a place where he really can’t that it’s an invasion of his own privacy, because people come to defend the band, as opposed to protect Spencer.
Some have pointed toward a detail in the lawsuit contending that his father never signed a release when the photo shoot happened in 1991, saying that that sounds more actionable or provable than the child porn argument. But in your suit, that lack of a release is almost treated as an incidental detail. How important is that detail to this case, or are they completely separate issues?incidental. You cannot consent to the use of child pornography .
It’s clearly understood in U.S. law that a nude image of an infant isn’t automatically child pornography — that it has to be sexualized. What is your emphasis, as a legal team, on showing this does cross the line into child porn and isn’t understood as, as Kurt Cobain would have had it, a non-sexualized statement on capitalism?
So to put it in the plainest language possible, when people look at the album cover, the primary thing they think of is not “Oh, there’s a statement about capitalism” or “Why is there a dollar on a hook” or even “Hey, look, there’s a baby underwater” but “Hey, look at that baby’s penis”? That’s not what it says. I know people have been reading it that way, but it doesn’t say per defendant. The statute is not your typical torts statute. Masha’s Law provides for victims of child pornography to seek liquidated damages, meaning that they don’t have to prove up their damages. It allows victims to not have to be re-victimized throughout the court proceeding — and at that level you are seeking only the statutory damages, which is $150,000 per violation, not per defendant.
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Man Photographed as Baby on ‘Nevermind’ Cover Sues Nirvana, Alleging Child PornographySpencer Elden, the man whose unusual baby portrait was used for one of the most recognizable album covers of all time, Nirvana’s “Nevermind,” filed a lawsuit Tuesday alleging that…
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