Nirvana's lawyers have spoken out about the Nirvana Baby lawsuit, asking the judge if the case can be dismissed as its "too late and too ridiculous."
If you missed it - earlier in the year, the now-grown-up baby on Nirvana's 'Nevermind' album cover filed a lawsuit against the band, alleging that the ‘nude’ image of himself is child pornography.
According to Variety,
"The motion was filed Wednesday in U.S. District Court on behalf of defendants Dave Grohl, Krist Novoselic, Courtney Love (executor of the Kirk Cobain estate), Kirk Weddle (the cover photographer), UMG Recordings and Nirvana LLC."
It asks for the judge to dismiss the case on Jan 20th, 2022, due to the fact that Spencer Elden has spent three decades profiting from his "Nirvana Baby" status, among plenty other reasons.
Not only has he re-enacted the photo multiple times and gotten paid for it, he's also got "Nevermind" tattooed on his chest, has done talk show appearances where he's shown up in a nude coloured onsie, and has sold copies of the album with his autograph on it.
According to Nirvana's reps, Elden has also "used his connection to try to pick up women."
The attorneys also noted: “Elden’s claim that the photograph on the ‘Nevermind’ album cover is ‘child pornography’ is, on its face, not serious.
"A brief examination of the photograph, or Elden’s own conduct (not to mention the photograph’s presence in the homes of millions of Americans who, on Elden’s theory, are guilty of felony possession of child pornography) makes that clear."
Plus, Nirvana's lawyers have pointed out that there is a 10-year limit on filing a lawsuit against a child involved in the alleged child pornography, starting from the date where the child could reasonably be aware of the pornographic use - or when they turn 18.
