Despite being dismissed just days into 2022, Spencer Elden has refiled his child pornography lawsuit against Nirvana over his appearance on the cover of 1991’s Nevermind as a baby.
Per Rolling Stone, “Elden filed his second amended complaint late Wednesday, meeting a deadline set by Judge Fernando M. Olguin when the court tossed the case on Jan. 3. Judge Olguin had dismissed the case after Elden failed to respond to a motion to dismiss filed by Nirvana and the other defendants on Dec. 22, 2021.”
As previously reported, Elden was suing the band and other parties (including Courtney Love) on child pornography charges. The suit also included music managers Guy Oseary and Heather Parry, who manage Cobain’s estate; photographer Kirk Weddle; art director Robert Fisher; Nirvana’s original drummer Chad Channing (who Grohl replaced for Nevermind) and a couple of record companies (including some that are no longer in business).
Nirvana formally responded to the lawsuit late last month making a number of damming points against Elden’s claims including, “Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby.’ He has re-enacted the photograph in exchange for a fee, many times; he has had the album title’Nevermind’ tattooed across his chest; he has appeared on a talk show wearing a self-parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women.”
In a statement to Spin, Elden’s attorney Robert Y. Lewis said, “Marsh Law Firm filed a Second Amended Complaint in Spencer Elden’s ongoing case against Nirvana, Universal Music Group, and others. These revised and updated pleadings include critical new information about the creation of Nirvana’s controversial Nevermind album cover. These documents reveal images and materials which expose the Nevermind creators’ deliberate choices to commercialize and exploit the sexually explicit photo lasciviously depicting Spencer’s genitals.”
Lewis’s statement continued, “This unprecedented album cover is perhaps the first and only time a child’s full-frontal nudity has been used to sell a product. Spencer’s image constitutes child pornography and each of the Nirvana Defendants robbed our client of his dignity and privacy. As long as the entertainment industry prioritizes profits over childhood privacy, consent, and dignity, our client will continue his pursuit for awareness and accountability.”
The Nirvana camp now has until January 27 to issue a reply to Elden’s refiled lawsuit.