The baby in the pool on the album cover of Nirvana’s Nevermind is now 30 and has launched lawsuits against everyone including the photographer, the band and Kurt Cobaine’s estate.
There’s a line in the oath every new lawyer has to swear (at least in Alberta) to be admitted to the Bar to the effect of not promoting suits involving frivolous claims.
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Reading a story about this and he has been recreating the pool picture over the years. And in an interview with GQ, he says he reached out to Grohl a few months ago to get him to sponsor his art show and hadn't heard anything. So now he's going to sue them. Luckily for him, there are Lionel Hutz lawyers out there hoping everyone just gives him money to go away. Seems like nothing but a money grab.
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Looks like the baby is still trying to get that money. (If I remember the cover well enough)
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How much should a picture of a naked baby cost? Should the parents have negotiated to make sure they got a % of the album's profits? What if Nirvana never went anywhere and $200 turned out to be a good deal?
$200 is more than fair for what likely amounted to 1 hours worth of work and may have never even been used. It's not like Nirvana contracted this specific kid to be on their album cover and then played hardball to secure the rights.
Plus he's not suing because he's owed more money due to unfair use of his image or lack of payment. He's suing for child pornography claims. The guy is a ####ing moron lol.
Last edited by Cecil Terwilliger; 08-25-2021 at 01:27 PM.
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How much should a picture of a naked baby cost? Should the parents have negotiated to make sure they got a % of the album's profits? What if Nirvana never went anywhere and $200 turned out to be a good deal?
$200 is more than fair for what likely amounted to 1 hours worth of work and may have never even been used.
It's not like Nirvana contracted this specific kid to be on their album cover and then played hardball to secure the rights.
Exactly. And forget an hour's work, the picture probably already existed and was simply purchased.
Straight-forward contract, and if the kid doesn't like it, or feels that it caused him harm/grief/embarrassment/torment or whatever, then he should sue his parents!
Nevermind was their first album under a major label after their indie label albums and this was the early 90s, so $200 is probably about right. It was also a 15 second shoot.
How do they even sue for that if they’re alleging that it was a crime?
In laypersons’ terms, and I’m sure lawyers will be able to correct, I understand that in general
Criminal lawsuits are to establish guilt and punishment - so the debt to be paid to society, with the standard being guilt beyond a reasonable doubt
Civil lawsuits are for damages sustained, so the debt paid to the affected party, with the standard being on the basis of probability
How do they even sue for that if they’re alleging that it was a crime?
The crime leads to a personal loss, which you can then sue for. You'd typically have to fit the crime into one of the existing civil causes of action: assault, intentional infliction of emotional distress, etc...
Nirvana Album Baby Sues Everyone
