“A brief examination of the photograph, or Elden’s own conduct (not to mention the photograph’s presence in the homes of millions of Americans who, on Elden’s theory, are guilty of felony possession of child pornography) makes that clear. Spencer Elden, who appeared as a naked baby on the cover of Nirvana’s 1991 album Nevermind, has claimed the record’s iconic artwork is child pornography and is suing the band. “Elden’s claim that the photograph on the Nevermind album cover is ‘child pornography’ is, on its face, not serious,” the Nirvana estate commented during the first filing of the lawsuit. In paperwork viewed by SPIN, the ruling stated: “Failure to timely file a Second Amended Complaint shall result in this action being dismissed without prejudice for failure to prosecute and/or failure to comply with a court order.” Spencer Elden, the man who appeared on Nirvanas iconic 'Nevermind' album cover as a baby, has. The Nirvana estate has maintained that this is not a child pornography case because that would mean millions of Americans who have the album cover in their homes are now guilty of felony possession of child pornography. Man pictured on Nirvanas Nevermind album files new complaint in child pornography lawsuit. The deadline to file a second complaint has been extended to January 13th, failing which the case will be “dismissed without prejudice for failure to prosecute and/or failure to comply with a court order”. The man pictured as the naked baby on Nirvana ’s Nevermind album cover has revived his child pornography lawsuit against the band after.
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