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Nevermind artwork lawsuit dismissed – but likely to be re-filed this month

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completemusicupdate.com

A US judge last week dismissed the Nirvana baby lawsuit, although because of a missed deadline rather than any judicial opinion on the merits of the litigation itself.

And Spencer Elden – the man who appeared, as a baby, on the cover of Nirvana’s ‘Nevermind’ album back in 1991 – can still submit an amended complaint dealing with issues already raised by the defendants in the case.Elden sued Nirvana, their label and other people involved in creating the ‘Nevermind’ artwork back in August.

Claiming that Elden’s guardians did not know how the nude baby photo would be used when it was originally taken, the lawsuit said that the defendants “knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so”.The defendants in the case formally responded last month, claiming that Elden’s lawsuit was without merit.

Among other things, the band et al argued that Elden himself had – for years – been blasé or actively positive about his baby photo appearing on the ‘Nevermind’ album artwork.

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