A judge has once again dismissed a lawsuit over Nirvana's 'Nevermind' naked baby album cover.
is appealing the dismissal, his lawyers told NPR, arguing that the judge in the case has misinterpreted the federal child sexual exploitation law known as Masha's law. Elden says Nirvana and its record label have profited from child pornography by selling the album that famously features him on the cover.
Elden, 31, was 4 months old when he was photographed underwater at the Pasadena Aquatic Center in California. A fishhook and dollar bill were later edited into the image. Elden says Nirvana's surviving members, Cobain's estate and others have"leveraged the lascivious nature of his image" to market and make millions of dollars off of the famous album.
Elden's lawsuit, filed in August 2021, names Cobain's estate and former bandmates, along with photographer Kirk Weddle, Universal Music, Geffen Records, Warner Records and MCA Music. It seeks at least $150,000 in damages from each defendant, along with legal fees. "Here, plaintiff does not dispute that he knew of injuries arising from defendants' activities related to their use of his image on theElden's lawyers argue that the damage done to him is ongoing, and has persisted in the years after he ceased being a minor.
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