And it wasn't like we were huge Nirvana fans, but we thought about how many millions of copies had sold and how famous it was, and how funny and clever was."ĭespite the obvious legal ramifications that come with using such a famous image without permission, Omori says they never expected any phone calls because they never thought it would be seen by more than a few people when the album was first released by Hozac Records in 2009.
We thought it was kind of funny, a 'fuck you' kind of thing. When he showed it to us we just really liked it and decided to use it. He just did it on his own, as part of this Internet thing he does. "He did both that record and the new record. "It was more the decision of our friend Jason Lee who does the artwork for a lot of our stuff," Omori explains. Despite all of the critical acclaim for it, in a recent interview with singer Cullen Omori, Exclaim! felt the need to ask him about how they got away with stealing Nirvana's iconic Nevermind cover for their own debut album. The labels responsible for the album’s release, including Universal Music and Geffen Records, were also named.The Smith Westerns released their highly touted second album Dye It Blonde earlier this week. The original lawsuit was filed in August 2021, with Elden seeking $150,000 (£112k) in damages from Dave Grohl, Krist Novoselic, the estate of Kurt Cobain, album artwork photographer Kirk Weddle and designer Robert Fisher. “As to the right of privacy, you can waive it by your actions or by his parents’ actions in allowing him to be photographed,” he explained.Įlsewhere in the recent statement from Nirvana’s reps, it was noted that Elden had recreated the ‘Nevermind’ cover photo on more than one occasion and has the record’s title tattooed on his chest. Entertainment litigation partner Bryan Sullivan told The Hollywood Reporter that there being no release form, as Elden claims, “does not mean he has a claim for child pornography”. “Failure to timely file a Second Amended Complaint shall result in this action being dismissed without prejudice for failure to prosecute and/or failure to comply with a court order,” the ruling said.Ī number of legal experts previously said they believed the case was likely to be dismissed.
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