24, 1991, Nevermind reached the top spot on the Billboard 200 in January 1992 and ultimately spent 554 weeks on the chart. He has been fully aware of the facts of both the supposed ‘violation’ and ‘injury’ for decades.” “Long before 2011, as Elden has pled, Elden knew about the photograph, and knew that he (and not someone else) was the baby in the photograph. It was world-famous by no later than 1992,” the band wrote. “But the Nevermind cover photograph was taken in 1991. For Elden, Nirvana said, that would mean he only discovered the image in 2011. The band even accused Elden of having “used the connection to try to pick up women,” citing a media interview in which he recounted such a story.įederal child pornography law has a 10-year statute of limitations, which begins running from the point when a victim “reasonably discovers” the problem - meaning either the violation itself or the harm caused by it. “Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby,’” the band wrote, noting that Elden had “re-enacted the photograph in exchange for a fee” multiple times and has the name of the album tattooed on his chest.

In the band’s first formal response to the lawsuit, Nirvana said Wednesday that Elden’s case has a fatal-flaw: It was filed years after the statute of limitations had run out, by a man who had long embraced the image.

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