Baby in the "Nevermind" video Sueing Nirvana For Kiddie Porn

 
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Aussiesuede
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PostPosted: Wed Aug 25, 2021 10:31 am    Post subject: Baby in the "Nevermind" video Sueing Nirvana For Kiddie Porn

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Spencer Elden is suing the band for child sexual exploitation, saying he was unable to consent to having his image used for the iconic 1991 album.

Nirvana’s surviving members and the estate of Kurt Cobain have been sued by Spencer Elden, who appeared as a baby on the cover of 1991’s Nevermind. Elden claims the band violated federal child pornography statutes and argues child sexual exploitation


Nevermind
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PostPosted: Wed Aug 25, 2021 10:36 am    Post subject:

Elden claims he has suffered “lifelong damages” and says his legal guardians never signed a release “authorizing the use of any images of Spencer or of his likeness, and certainly not of commercial child pornography depicting him.”

He had no problem recreating the photo as an adult awhile back though . . .

That said, if the photo was indeed used without the proper release, he has a point both there.
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PostPosted: Wed Aug 25, 2021 11:30 am    Post subject:

^ Even if a release was signed, it was never agreed to by the actual person involved. Would the release shift the blame from Nirvana's estate to the parents/guardians or would it be shared?

Regardless of if this is opportunistic money grabbing or not I think it raises some awareness of how we should be looking at what parents will do to make money off of their children.
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JUST-MING
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PostPosted: Wed Aug 25, 2021 11:32 am    Post subject:

If the album cover is considered kiddie porn, do we lock up all of the 90’s punk rockers who bought and shared that nirvana album?
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PostPosted: Wed Aug 25, 2021 11:39 am    Post subject:

This is the worst thing that ever happened to nirvana.
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PostPosted: Wed Aug 25, 2021 11:59 am    Post subject:

JUST-MING wrote:
If the album cover is considered kiddie porn, do we lock up all of the 90’s punk rockers who bought and shared that nirvana album?


Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor

I fail to see how tossing an infant into a pool would meet that definition? I think an argument for child abuse could possibly be made, be even that would be a stretch of gargantuan proportions, especially considering that a large number of people learned how to swim in just that very manner.

This reeks of a child who was raised by irresponsible groupies and now has a crappy life and is searching for a way to get some quick cash anyway he can cobble together.I'll be very disappointed if some nutty judge, or jury, let's this knob get away with it.
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PostPosted: Wed Aug 25, 2021 12:00 pm    Post subject:

C M B wrote:
This is the worst thing that ever happened to nirvana.


Other than Kurt's sweater anyway.
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PostPosted: Wed Aug 25, 2021 12:02 pm    Post subject:

JUST-MING wrote:
If the album cover is considered kiddie porn, do we lock up all of the 90’s punk rockers who bought and shared that nirvana album?


Or Houses of the Holy, or Blind Faith.
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PostPosted: Wed Aug 25, 2021 12:11 pm    Post subject:

Suing Nirvana now is throwing out the baby with the poolwater.

There are even more moronic suits filed all the time. Just look at those from Sidney Powell and Rudy Goonie. Donald sued Maher for saying his mother was an orangutan. You can't sue people for the truth, Don.
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PostPosted: Wed Aug 25, 2021 12:39 pm    Post subject:

Definite life-long damages. Try getting a date when you're hung like a gnat.
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PostPosted: Wed Aug 25, 2021 2:18 pm    Post subject:

angrypuppy wrote:
Definite life-long damages. Try getting a date when you're hung like a gnat.



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PostPosted: Wed Aug 25, 2021 2:19 pm    Post subject:

Came here for the puns. Leaves extremely disappointed. Y'all slippin'. smh.
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PostPosted: Wed Aug 25, 2021 2:31 pm    Post subject:

lol, this has to be some kind of joke. Dude got the word 'Nevermind' tattooed across his entire chest - presumably, as an adult. What a ridiculous lawsuit.
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PostPosted: Wed Aug 25, 2021 2:56 pm    Post subject:

Attached below is a link to the Actual lawsuit. It seeks $150,000 in damages. They are hinging their "Sexual Claim" on the following:

Quote:
Nirvana, L.L.C. ultimately decided to use a dollar bill on a fishhook as
4 a prop—after an extensive debate between the use of a dollar bill, raw meat, a dog, and other objects commonly associated with prurient interests


ie, The dollar bill being dangled as payment for the baby being nude makes it sexually exploitive.

Lawsuit
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PostPosted: Wed Aug 25, 2021 6:02 pm    Post subject:

Aussiesuede wrote:
Attached below is a link to the Actual lawsuit. It seeks $150,000 in damages.*They are hinging their "Sexual Claim" on the following:

Quote:
Nirvana, L.L.C. ultimately decided to use a dollar bill on a fishhook as
4 a prop—after an extensive debate between the use of a dollar bill, raw meat, a dog, and other objects commonly associated with prurient interests


ie, The dollar bill being dangled as payment for the baby being nude makes it sexually exploitive.

Lawsuit


* Each from Grohl, Novocelic, the Cobain Estate and several other involved parties.
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PostPosted: Wed Aug 25, 2021 8:26 pm    Post subject:

Dude has spent his whole life trying to small time grift off of being the baby in that pic, and now he’s trying to get a big payday. Realistically, he needs to sue his parents who allowed the pic for 200 bucks. And quite frankly, without the pic, which he has recreated multiple times for attention, no one would know who he is.
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PostPosted: Wed Aug 25, 2021 9:27 pm    Post subject:

If he really did have a problem with it he wouldn't have recreated the image in adulthood....rather this seems like a last attempt at a money grab.
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PostPosted: Wed Aug 25, 2021 9:28 pm    Post subject:

Imagine peaking in life at a few months old...
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PostPosted: Wed Aug 25, 2021 9:43 pm    Post subject:

lakersken80 wrote:
If he really did have a problem with it he wouldn't have recreated the image in adulthood....rather this seems like a last attempt at a money grab.


Yep. As I said earlier, it will all come down to the original contract that was signed at the time. If his parents/guardians clearly had no problem with the deal at the time, and there are no legal glitches there, I can’t see any recourse for him considering he’s embraced the situation as an adult.

The more interesting legal argument resides with the idea of a naked baby being exploited for financial gain. But that opens a whole huge Pandora’s box, such as, why was that album cover allowed to be produced and distributed in the first place without any regulatory body stopping it. And that liability doesn’t reside with the band or their management.
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PostPosted: Thu Aug 26, 2021 6:31 am    Post subject:

30 years have passed, including 12 since he was a minor. SOL issue.

LINK
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PostPosted: Thu Aug 26, 2021 7:09 am    Post subject:

LarryCoon wrote:
30 years have passed, including 12 since he was a minor. SOL issue.

LINK



Good point and one that I missed. I'm not a lawyer, but there are a limited number of ways to extend the tolling of SOL. Usually they pertain to the discovery of new evidence but they tend be applicable to criminal tort law rather than civil law. Color me shocked if this lawsuit isn't tossed.
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PostPosted: Sat Aug 28, 2021 4:05 pm    Post subject:


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