According to Spin, Spencer Elden, the man who appeared on the cover of Nirvana’s “Nevermind” as a baby, has appealed Judge Fernando Olguin’s decision to dismiss his “child pornography” lawsuit against the band. The 31-year-old has invoked Masha’s Law, which allows victims of child pornography to seek monetary damages as adults. He is also claiming that Olguin’s dismissal was done so in error.
The appeal said the following:
“Courts have repeatedly held that distribution of child pornography infringes a victim’s dignity interests no matter the victim’s age at the time of distribution.”
The complaint also cited the late Kurt Cobain’s journals, saying the frontman “described his twisted vision for the ‘Nevermind‘ album cover as a manifestation of his emotional and sexual disturbances.” It went on to say:
“Cobain’s preoccupation with pornographic imagery started at a very early age. One of Cobain’s school classmates discovered him drawing pornography as a young child.”
The following was also added:
“[Elden] is aware that Appellees are commercially exploiting the frontal nude image of him as a four–month–old child to sell a[n] album to millions of people (many of whom he does not know) around the world.
This understandably causes him extreme ongoing psychic or emotional injury for which he is entitled to damages and an injunction. Although this remedy will not rid the world of his sexualized image, it will provide him the means to get mental health treatment and give him the benefit of knowing that the distribution and repeated violation of his privacy by Appellees will finally stop.”
It is unclear what Elden is currently seeking, but the original suit said he wanted a minimum of $150,000 per defendant.