That naked child in the pool chasing a dollar bill hanging from a fishing rod, the cover of Nirvana's “Nevermind” album, is not a child pornography image.
And Spencer Elden, who was four months old at the time, is not entitled to any compensation for being immortalized naked on the iconic cover of the band's most famous album founded by Kurt Cobain.
A judge in California ruled in favor of Nirvana and wrong Elden, who sued in what remains of the band accusing pronografia child and sexual exploitation of children. A month ago the band's lawyers replied and Judge Fernando Olguin gave Elden until December 30 to answer. When the rejoinder did not come, Olguin closed the case.
It is now up to the young man to reformulate the legal action, the court has given him until January 13. The case also caused a sensation last year because of the celebrity of the cover. Elden claimed that the photo had caused him, as he grew up, "extreme and permanent emotional stress", loss of income and the "joie de vivre".
"Without merit" accusations, according to the band's lawyers: "Talking about child pornography is not serious", claimed the Nirvana lawyers, noting that, if Elden were right, whoever was in possession of the album today (there have been sold over 30 million copies worldwide) "would in theory be guilty of the crime of possession of child pornography".
In addition, Elden in the past has wallowed in the fame that gave him that cover, claim the lawyers of Nirvana: "Several times over the years he had his photograph taken for a fee, remaking the swimming pool scene as an adult". Not only that: "He had the album title tattooed on his chest, appeared on a talk show wearing a flesh-colored onesie in a parody of himself, signed copies of 'Nevermind' to sell on eBay and used the connection with Nirvana to try to pick up women. "
(Unioneonline / L)