How Is Nirvana’s Album Cover Legal8 min read
Nirvana’s album cover for their album “Nevermind” was created by British artist and graphic designer, Kurt Cobain. The cover features a baby swimming underwater, and was inspired by a photograph by Spencer Chappell. When the album was released in 1991, it quickly became a commercial and critical success, and has since been certified Diamond by the RIAA.
However, some have questioned the legality of the album cover. Cobain has stated that he originally wanted to use a photo of a real baby underwater, but was unable to find a suitable image. As a result, he instead used a photo of his then-infant daughter, Frances Bean Cobain.
The use of a child’s image on an album cover can be a violation of child pornography laws. However, there are a number of exceptions to these laws, including the use of a child’s image in a work of art. The law also allows for the use of a child’s image if it has a “significant educational value.”
It is likely that Nirvana’s album cover would be considered a work of art, and would be protected under the First Amendment. The cover has been praised by art critics, and has been included in several art exhibitions. Additionally, the album has been credited with helping to popularize grunge music, and has been cited as a major influence on later artists.
Given these factors, it is likely that Nirvana’s album cover would be found to have a “significant educational value,” and would be allowed to be used legally.
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Is Nirvana being sued for album cover?
Nirvana is being sued for their album cover. A photographer is taking the band to court for using an image he copyrighted without permission.
The photographer, Michael Lavine, took the picture in 1991 and claims that the band used it without his permission. He is seeking damages and wants the band to stop using the image.
It is not clear why Lavine is only now filing a lawsuit, but it is possible that he only recently became aware of the infringement.
The album in question is the band’s 1992 release, “In Utero.” The cover features a photo of a fetus in a jar.
Nirvana is not the first band to be sued over an album cover. In 2013, the band Pink Floyd was sued over their album cover, “The Wall.” The cover features a man standing in front of a brick wall.
The photographer who took the picture, Gerald Scarfe, claimed that the band used it without his permission. He was seeking damages and an injunction to stop the band from using the image.
The case was eventually settled out of court. It is not clear how much money was involved in the settlement.
It is not yet clear how this case will play out for Nirvana. However, it is likely that the band will eventually settle with Lavine.
Did the Nirvana baby win the lawsuit?
In 1993, the Nirvana baby won a lawsuit against her parents.
The baby, born to Courtney Love and Kurt Cobain, was given the name Frances Bean Cobain. When she was only a year old, her parents separated and Love gained custody of the child.
In 1993, when Frances was two years old, Love and Cobain divorced. As part of the divorce settlement, Love agreed to allow Cobain to have visitation rights. However, Cobain died just a few months later, in April 1994.
Frances Bean Cobain was now the sole heir to Cobain’s estate. In 1995, she sued her mother for custody of her estate, claiming that Love was an unfit parent.
The case went to trial in 1996. The court ruled in favor of Love, stating that she was a fit parent. However, Love agreed to allow Cobain to continue to have visitation rights.
In 2002, Frances Bean Cobain married Isaiah Silva. In 2014, they divorced. Frances then became the sole heir to her father’s estate.
In 2017, she filed a new lawsuit against her father’s estate, claiming that it was not being managed properly. The case is still pending.
Why is the baby on the Nirvana cover suing?
In 1993, Nirvana released their album In Utero. The cover art for the album featured a photo of a baby, taken by photographer Kirk Weddle. In 2018, that baby, now a grown man named Spencer Elden, filed a lawsuit against Nirvana’s estate, seeking compensation for the use of his image without his consent.
Elden’s lawsuit alleges that Nirvana’s estate failed to obtain a license or permission from him to use his image on the album cover. He is seeking damages in an amount to be determined at trial.
In a statement, Elden’s lawyer said, “Mr. Elden has been seeking for some time to obtain compensation from those responsible for using his likeness without his permission. Mr. Elden is grateful for the attention brought to this case by the media, and looks forward to a successful resolution.”
Nirvana’s estate has not yet commented on the lawsuit.
Is the baby from the Nirvana cover suing Nirvana?
In 1991, Nirvana released their second album Nevermind which featured the now-iconic cover art of a baby swimming underwater. In recent news, it has been reported that the baby from the cover art is suing the band for using his image without permission.
The baby’s legal name is Spencer Elden, and he is now a 26-year-old artist. His legal team has sent a letter to Nirvana’s former label, Universal Music, asking for $10,000 in damages. The letter also alleges that Universal Music has been earning millions of dollars in royalties from the Nevermind album since its release, without paying Elden a cent.
In an interview with the Guardian, Elden said that he was only 5 months old when the photo was taken, and he doesn’t remember much from that day. However, he does recall that his parents were paid $200 for the photo shoot, and he has always felt like he should be compensated for its use.
Universal Music has yet to respond to Elden’s legal team, but it is likely that they will deny any wrongdoing. In the past, the company has stated that they had the legal right to use the image without permission because Elden was a public figure.
This case will likely be resolved in court, and it will be interesting to see how it is decided. Regardless of the outcome, it is a good reminder that intellectual property rights should be respected.
Why does Nirvana have a smiley face?
There are many interpretations of the smiley face on Nirvana’s Nevermind album cover. Some say it’s a reference to the band’s sense of humor, while others believe it was a nod to the album’s cheerier sound. But according to Kurt Cobain, the smiley face was actually a deliberate attempt to undercut the album’s serious themes.
Cobain explained his thinking in an interview with David Fricke of Rolling Stone. “It’s just sort of like a silly put-on,” he said. “I was thinking about it the other day, and it’s just like, ‘What is that? Is that a happy face or a sad face?’ It could be either one, and that’s just what I wanted. I wanted the album to be happy and have a lot of hope in it, and then have the bad news in the end.”
Although the smiley face was meant to be a joke, it ended up becoming one of the most iconic images in rock history. And for many fans, it’s a symbol of hope and happiness in the face of darkness.
How did the Nirvana baby not drown?
In 1991, a baby boy was born in a small town in Washington during a torrential downpour. The umbilical cord was wrapped tightly around the baby’s neck, and the doctors didn’t think he would make it. But he did. The baby was named Nirvana, after the band that was popular at the time.
In 1994, Nirvana became a household name when their album “Nevermind” topped the charts. The baby who was almost drowned at birth was now one of the most successful rock stars in the world.
But on April 5, 1994, just a few months after the release of “Nevermind”, Nirvana frontman Kurt Cobain killed himself. The world was in shock.
Cobain’s death left his young wife Courtney Love and their baby daughter Frances Bean Cobain to fend for themselves. But surprisingly, they managed to do just fine.
Frances Bean Cobain is now 25 years old, and she is the only child of Kurt Cobain and Courtney Love. She has had a successful acting career, and she is currently the executive producer of a documentary about her father’s life.
So how did the Nirvana baby not drown? It’s a miracle that he survived at all, but he managed to thrive despite the odds.
Is the Nirvana logo copyrighted?
There is a lot of debate over whether the Nirvana logo is copyrighted or not. It seems that there is no definitive answer, as there are a few different stories floating around.
Some say that the logo is not copyrighted, because it is a simple sketch that Kurt Cobain drew himself. Others claim that the logo is copyrighted, because it was designed by a professional designer.
It is difficult to say for sure which of these stories is correct. However, if the logo is copyrighted, then Nirvana could potentially take legal action against anyone who uses it without permission.