Spencer Elden is the child of the cover of “Nevermind”, one of the most famous songs in rock and pop.
A California federal court dismissed the lawsuit brought by the child featured on the iconic album cover it does not matter (1991) of Nirvana and of which he had accused child pornography to the rock band, local media reported Monday.
It is the second time that Spencer Eldenwho is now 31, loses a lawsuit against former band members for the cover in which appeared naked underwater looking at a dollar bill.
Judge Fernando Olguin rejected the complaint on Friday because Elden knew he had been the star of that album for more than ten years and It took too long to submit your request.
The first request
Last January, the same magistrate rejected a first request of Elden because she did not file her response to the Nirvana estate’s request to close the case within the deadline.
Olguín was therefore willing to change his decision if the plaintiff filed a new lawsuit, which he ultimately did, although it was rejected.
In his initial complaint, Elden accused Nirvana of promoting child pornography intentionally and commercially e use your image promote yourself and your music.
The lawsuit also claimed that the defendants benefited and continue to benefit from the “marketing of the sexual exploitation“from Elden.
Among those mentioned in the complaint were Dave Grohl (current Foo Fighters leader and former Nirvana drummer) e Krist Novoselicbassist who together with the deceased Kurt Cobain (1967-1994) were part of the Nirvana lineup.
The lawsuit also pointed out Kirk Weddleof which he was the cover photographer it does not matterAlready Courtney Lovewidow and heir of the Cobain estate.
Oddly, and dealing left and right, he also blamed the ex-child Chad Channingwho was Nirvana’s drummer in his early years and who left the group in 1990, i.e. before the iconic It does not matter.
the hood of it does not matter is considered one of the most emblematic in the history of rock and, as we all know, shows a child diving into a swimming pool and looking for a dollar bill.
Jump into the pool …
As a teenager and as an adult, Elden went back to the pool several times to recreate the cover.
He did, for example, in 2016when the album was a quarter of a century old, but shortly after, and for unknown reasons, he began to show his disgust at being tied to that image.
Elden was alone a four month old baby when she starred on the famous album cover. Last year it occurred to him to take on the package of lawsuits, upping the bet to the “child pornography” figure.
“The accused promoted child pornography of Spencer intentionally and commercially and used the shocking nature of their image to promote themselves and their music at Spencer’s expense, ”the complaint filed in a California court said.
Resentment towards Nirvana
Elden was asking for compensation because, according to the lawsuit, “the damage it has suffered and will continue to suffer throughout its life“.
Elden expressed his resentment against Nirvana, as despite having won millions of dollars with Nevermind, they never communicated with him or made him part of the profits.
“Everyone who participated in the disc has tons and tons of money. It seems to me that it is the latest in grunge. I live in my mother’s house and drive one Honda Civic. It’s hard not to get angry when you hear the amount of money involved, “he said a few months ago.
For Spencer, risking dying underwater didn’t do much good. Or rather, little or nothing.
Parents’ opinion
“My parents knew who Nirvana was, but they weren’t very interested in the grunge scene. My father, Rick (who worked in Hollywood as a special effects artist), was in art school at the time and his friends often asked him for help with their projects, “he explained on the 25th anniversary of his landmark photography. .
So they called him to tell him: “Do you want to make some money today and throw your kid in the pool?”.
The protagonist of the photo says: “My parents took me there, apparently they blew me in the face to stimulate my immersion reflex (which makes children close the glottis in the water), they immersed me, they made me some photos and they pulled in. That was all. They paid $ 200 for them and they went to eat tacos ”.
Source EFE
CJL
Source: Clarin
