The remaining members of Nirvana and singer Courtney Love, representing Kurt Cobain, have officially spoken out about the accusations made by Spencer Elden and have asked the court to dismiss the lawsuit.
Elden, the famous baby who appears swimming naked on the cover of the album Nevermind , filed a lawsuit against the band in recent months alleging "child pornography" and "sexual exploitation." Now, Nirvana claims that the accusations "are not serious" and that they are also outside the legal limitation period, which is 10 years from the discovery of the alleged pornographic material.
“Elden has spent the last three decades profiting from his celebrity as the self-proclaimed ‘Nirvana Baby’,” the band officially argues. “He has recreated the photograph for money multiple times; he tattooed the album title, Nevermind , on his chest; he appeared on a talk show wearing a nude-colored jumpsuit as a parody of himself; he autographed copies of the album cover to sell on eBay ; and he has used this connection to flirt with women.”
The band also claims that the Nevermind became world-famous starting in 1992, which would mean that Spencer Elden was aware of the photograph long before 2011, as he allegedly argued. "He has been fully aware of the facts of the alleged 'violation' and 'harm' for decades," Nirvana states.
Recently, Spencer Elden added new evidence to his lawsuit by citing passages from Kurt Cobain's diary and alleging that the photographer responsible for the Nevermind also took pictures of him dressed as the Playboy founder.
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