The motivations don’t matter. It was wrong for Nirvana to do and a big award will make others less likely to do this in the future.
Elden himself hardly matters to this... a judge ordering the label to set $100 million on fire (or make a non-deductible charitable donation) would have the same effect.
I don’t see a legal quandary at all and, unless you think all minors’ likenesses should not be able to appear in commercial material, I don’t see a moral or ethical quandary. Plaintiff’s destination for their complaint is with their parents, IMO.
Same as if adult Mikey objected to being associated with Life cereal or adult Macauley Culkin objected to being in Home Alone.
Edit to add: > Elden says his parents never signed a release authorising the use of his image on the album.
Iff that claim is true (which should be a relatively straightforward finding of fact) and that fact means that the label didn’t have the rights to use the likeness [the claim doesn’t rely on a technicality of the word “release”, but where the label has a license to use], then I’d say he’s got a case.
I don’t see naked as equaling sexualized and I don’t see the Nirvana cover as the latter either, but I definitely can’t see a total ban on pictures in commercially-sold material being workable.
If its just that you think a naked baby is pornographic then I guess its an entirely different conversation. Its not really clear what motivates your statement here though.
Although likeness is regulated only at the state level, and is the only aspect of this lawsuit, copyright is regulated at the federal level and is the basis for the commercial licenses to exist at all - if this actually was child pornography which requires a category of something considered obscenity, it would be ineligible for copyright which would mean the existing licensors would have no reason to pay for the license at all, and there would be no value to give for the likeness settlement.
The rest is your feelings and that is not relevant here.
Its not a moral quandary it is a contractual quandary which the lawsuit accurately details.
If his parents didn't sign the likeness then anyone using the image has a liability issue. It doesnt matter if its the photographer, Nirvana, the record label, etc
Yes, your edit covers it and I would also say he has a case. Spoonjim has been correct the whole time. Somehow that opinion isnt seen as popular right now but the accuracy is not in question.
Ehh, that seems like pretty shaky logic. I think it's pretty safe to say that lots of people would be bothered by naked pictures of themselves being posted publicly for all to see, even if they can't be identified by the pictures.
That's not to say he's going to win, but I think you're simplifying things a bit too much.
The power in this case is damages which can be collected due to the ongoing commercial use.