Us Justice refuses the action presented by Spencer Elden against the band and heirs of Kurt Cobain
Spencer Eldenwho was known for using his photo on the album cover Snowmindfrom NirvanaHe has lost again in an attempt by the United States Court to sue the band. The image, made in 1991, shows Elden Still Baby who swims naked towards a note in dollars attached to a hook.
According to the newspaper The guardianThe action proposed by Elden said that the cover configured the distribution of child pornographic material. However, judge Fernando Olguin of the United States district court rejected the accusation, stating that no reasonable juror could consider photography as pornographic.
“In addition to the fact that the author was naked on the cover of the album, Nothing approaches the image in the field of children’s porn status,” said the magistrate.
Topics and defense
Elden’s lawyers did not comment immediately after the decision, published on Wednesday 1. The defense of the band, represented by Bert, said he was satisfied with the result.
“The Court concluded this case without merit and delivered our creative customers of the stigma of false accusations,” said lawyers.
Among the defendants of the trial there were members of Nirvana, Dave Grohl and Krist Novoselic, as well as the widow of Kurt Cobain, Courtney Love and the Kirk Weddle test photographer.
Judicial history
Elden, now 34 years old, had already justice in 2021 against the band and label of the universal music group, supporting sexual exploitation and continuous personal damage. Judge Olguin presented the case in 2022 because he considered that the accusations were out of the legal deadline.
The following year, the United States Court of Appeal for the ninth circuit reopened the possibility of analysis, but this week Olguin reiterated its position that photography cannot be classified as childish pornography.
The judge compared the coverage of Snowmind To a “family photo of a naked child who takes a shower”, rejecting the thesis of judicial proceedings.
Source: Terra
Earl Johnson is a music writer at Gossipify, known for his in-depth analysis and unique perspective on the industry. A graduate of USC with a degree in Music, he brings years of experience and passion to his writing. He covers the latest releases and trends, always on the lookout for the next big thing in music.
