Elden’s team had until 30 December to respond to Nirvana’s motion to dismiss, but missed the deadline.
As a result, Judge Fernando M Olguin dismissed the case “with leave to amend” – meaning his team have until 13 January to refile the case with appropriate changes.
The baby from Nirvana’s famous “Nevermind” album art is all grown up … and now he’s suing the band for child sexual exploitation.
A man named Spencer Elden claims he’s the naked baby famously pictured in a swimming pool on Nirvana’s groundbreaking 1991 album cover … and he’s suing the band, its surviving members and Kurt Cobain’s estate, 30 years after the album dropped.
What changed? According to a GQ interview:
In the past you’ve said it was cool. When did that change?
Just a few months ago, when I was reaching out to Nirvana to see if they wanted to be part of my art show. I was getting referred to their managers and their lawyers. Why am I still on their cover if I’m not that big of a deal?
Why’d you reach out to them?
I was trying to do an art show with the photographer who took the picture. I was asking if they wanted to put a piece of art in the fucking thing.
Oh boy. I think it would be tough to repeat that zeitgeist moment. If ‘Nevermind’ came out this week, despite being a great record, it would not have the same cultural impact. It was perfect timing coming out when there was a shift in music and it felt like a revolution. I can see that happening again, but not in the same way.