Nirvana wins Nevermind baby lawsuit
Posted on 4th November 2022 at 10:43
Nirvana’s Nevermind album is well known for its iconic cover photo of a naked baby in a swimming pool.
Spencer Elden, who appeared in the photo when he was 4 months old, filed a lawsuit in America alleging that the photo amounted to child pornography. Elden claimed that the photo had caused him ‘permanent emotional distress’ and a ‘lifelong loss of income-earning capacity’, and that as a child he had been unable to provide consent.
His lawyers claimed that the ‘defendants sought to garner attention by using a sexually explicit image that intentionally focused on [Elden’s] carefully positioned enlarged genitals’.
Nirvana’s lawyers argued that Elden has profited from his celebrity status as the ‘Nirvana baby’, and has even had the album title ‘Nevermind’ tattooed on his chest. A US Judge dismissed the lawsuit, ruling that Elden had waited too long to file the claim and that it was outside the statute of limitations. Elden has since confirmed that he intends to appeal.
Do you know what the time limit is to be able to bring a complaint against your employers? In the UK, the limit that you have (if your claim is not discrimination based) is three months.
Get yourself a HR consultant who can help you stay on the right side of the law.
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