The ruling at the end of the statute of limitations in the first appellate trial was overturned… “Whether there is sexual exploitation of children is not the issue.”
Nirvana album cover ‘Nevermind’
[너바나(Nirvana) X 게시물 캡처. 재판매 및 DB 금지]
(Los Angeles = Yonhap News) Reporter Mina Lim = A lawsuit filed by a party who had a nude photo of herself as a baby on the cover of a 1991 album by legendary rock band Nirvana was dismissed in the first trial, but reopened because of the judgment of the appellate court.
According to the Associated Press and the American Daily Times New York Times (NYT) on the 23rd (local time), the Federal Court of Appeals of California ruled that Spencer Elden (32), the person pictured on the cover of Nirvana’s album ‘Nevermind’, had filed a lawsuit against Nirvana, overturned the first trial, which had ruled in favor of Nirvana, and sent the case back to district court.
Elden previously sued 15 people, including the wife of leader Kurt Cobain, who died in 1994, and members of Nirvana, for $150,000 each, claiming that the use of a nude photo of himself when he was 4 months age on the cover of his Nevermind album, released in 1991, was tantamount to child sexual exploitation. A lawsuit was filed seeking damages worth around 200 million won.
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In September of last year, the first trial court dismissed the lawsuit, saying that more than 10 years had passed since Elden first learned of the damage, and that the statute of limitations had expired.
However, the appeal court panel, made up of three judges, accepted Elden’s argument that the statute of limitations had not expired because the album had been continuously re-released over the past 10 years.
The court ruled that “each rebroadcast of the (album) images could constitute a new personal injury.”
He added, “Whether the album cover meets the definition of child pornography is not an issue in this appeal.”
“We will vigorously defend this meritless lawsuit and expect to prevail,” Nirvana’s attorneys said in a statement about the ruling.
Considered one of Nirvana’s best albums, Nevermind has sold more than 30 million copies worldwide.
The cover, which depicts a baby swimming towards a one-dollar bill hanging from a fishing hook, received favorable reviews, ranking 7th in Billboard’s ’50 Greatest Album Covers of All Time’.
Nirvana, a band that was little known at the time of this album’s release, reportedly paid Elden’s parents $200 (about 260,000 won at current exchange rates) for the use of the photo.
mina@yna.co.kr
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2023/12/24 04:46 Sent
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