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Nirvana finally has something to say about the Nevermind baby lawsuit

If you’ve been following along with the legal maneuvers of Spencer Eldon, you’ll know that he wants a lot of cash out of Nirvana and some associated parties for being exploited. He’s the baby we see on the cover of Nevermind, a photo that was taken in the summer of 1991 when he was about six months old. It was just this year that decided the band had taken advantage of him in some sort of sinister way. Specifically, there are references to child porn and child abuse.

Lawyers for Nirvana and the estate of Kurt Cobain filed a motion to dismiss the lawsuit on Wednesday (December 22). They called Eldon’s claims “absurd.” “It will fail on the merits.” And let’s not forget that Eldon spent the last 29-ish years enjoying his celebrity. He even has the title of the album tattooed across his chest. Oh, and he’s been known to autograph copies of Nevermind for those who ask. Check eBay for stuff like this.

The lawyers also say that this lawsuit is also “barred by the applicable statute of limitations” (which, in this case, is apparently 10 years in the state of California.) And besides, they say, “Elden’s claim that the photograph on the Nevermind album cover is ‘child pornography’ is, on its face, not serious.”

We continue: “The Nevermind cover photograph was taken in 1991. It was world-famous by no later than 1992. Long before 2011, as Elden has pled, Elden knew about the photograph, and knew that he (and not someone else) was the baby in the photograph. He has been fully aware of the facts of both the supposed ‘violation’ and ‘injury’ for decades.”

Your move, Mr. Spencer.


Alan Cross

is an internationally known broadcaster, interviewer, writer, consultant, blogger and speaker. In his 40+ years in the music business, Alan has interviewed the biggest names in rock, from David Bowie and U2 to Pearl Jam and the Foo Fighters. He’s also known as a musicologist and documentarian through programs like The Ongoing History of New Music.

Alan Cross has 38035 posts and counting. See all posts by Alan Cross

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