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Baby From Nirvana's Nevermind Album Sues Band For Child Pornography

IM469

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" The lawsuit also states that neither he nor his legal guardians ever signed a release to authorise 'the use of any images of Spencer or of his likeness " - possibly a case if there isn't a statute of limitations for this type of case.

So this guy walks down the street and people point and ask if he is the baby from the Nevermend album ??? Really ? I would toss the case and allow a counter suit based on the slander of promoting child pornography in my imaginary court kingdom.
 

mandrill

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Hmmmm..... Where did Nirvana get the photo from then?
 

Jenesis

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His parents and agent consented for him. That's legally binding. So stfu.
It’s still child pornography and we all know verbal permission to take a photo is different then a signed contract or the ability to use for commercial use.
 

Jenesis

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I don't see anything sexual about a naked baby.
So you would be okay with a 5 year girl standing naked on a cover for all to see. What about an 8 year old boy? A 13 year old?

really????

and you still haven’t address commercial use licensing. Without a proper contract, he has claim.
 

Robert Mugabe

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Well up until now he enjoyed complete anonymity. So if his argument was invasion of privacy he has brought it on himself for one reason only. To make a buck. Talk about making a non issue and issue....I had never heard of Spencer Eden or knew what he looked like and didn't give a shit who the baby was on an album cover that was fading into obscurity. Looks like he's still into grunge.
He might have a case for a paternity suit against Bob Geldof whilst he's at it. Now he's enjoying his 15 minutes.
 

Jenesis

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Well up until now he enjoyed complete anonymity. So if his argument was invasion of privacy he has brought it on himself for one reason only. To make a buck. Talk about making a non issue and issue....I had never heard of Spencer Eden or knew what he looked like and didn't give a shit who the baby was on an album cover that was fading into obscurity. Looks like he's still into grunge.
He might have a case for a paternity suit against Bob Geldof whilst he's at it. Now he's enjoying his 15 minutes.
Oh I agree there. This is a total money grab or after regret. He says he tried to work with them on another project and he just got ignored so he is probably pissed as well.

But legally I think he has claim. I don’t think he has suffered all the losses listed but it is child pornography and if there is no contract for commercial use, then he has law on his side.
 

richaceg

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Oh I agree there. This is a total money grab or after regret. He says he tried to work with them on another project and he just got ignored so he is probably pissed as well.

But legally I think he has claim. I don’t think he has suffered all the losses listed but it is child pornography and if there is no contract for commercial use, then he has law on his side.
no contract with him, he was a baby, but his legal guardian (father) might have a verbal agreement and this photo was published, decades with no problem....until now...
 
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Jenesis

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no contract with him, he was a baby, but his legal guardian (father) might have a verbal agreement and this photo was published, decades with no problem....until now...
But from my understanding there was no agreement between the father and the band for commercial use. He may have agree to let the photographer take the photo, but not to allow the band to use the image.
 
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mandrill

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So you would be okay with a 5 year girl standing naked on a cover for all to see. What about an 8 year old boy? A 13 year old?

really????

and you still haven’t address commercial use licensing. Without a proper contract, he has claim.
Babies have their diapers changed and are frequently naked. Unless you're seriously suggesting that the Nirvana guys were into kiddie porn?..... That's an impossible sell. (Heroin and acting like idiots, yes.)

And maybe you're right and he does have a claim for the use of his image. I need to know more about the situation before trying to figure out the legal case.
 

richaceg

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But from my understanding there was no agreement between the father and the band for commercial use. He may have agree to let the photographer take the photo, but not to allow the band to use the image.
Well we don't know that yet...but being published to an album, I highly doubt it.
 

Jenesis

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Babies have their diapers changed and are frequently naked. Unless you're seriously suggesting that the Nirvana guys were into kiddie porn?..... That's an impossible sell. (Heroin and acting like idiots, yes.)

And maybe you're right and he does have a claim for the use of his image. I need to know more about the situation before trying to figure out the legal case.
But you just said above to stfu because permission was given. Now you say you need more info. I’m glad your mind is at least changing in the more wait and see open-minded approach now.

and as for child porn. It is a child with his penis in view for everyone, there is millions of copies of his penis published out there in the world. Some people got off on that album cover. You can bet on that.
 
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