"A federal court has granted summary judgment for Nirvana, dismissing Spencer Elden's claim that the Nevermind album cover - depicting him as a baby - constituted child pornography. In this episode of The Briefing, Scott Hervey and James Kachmar revisit their earlier coverage of the Ninth Circuit's decision and unpack how the district court's final ruling turned on artistic intent and context rather than perception."
"Tune in to learn how the court applied the Dost factors, what this ruling means for artists and rights holders, and how intent shapes the boundary between art and exploitation. Watch this episode on YouTube or listen to this podcast episode here."
A federal court granted summary judgment in favor of Nirvana, dismissing Spencer Elden's claim that the Nevermind album cover constituted child pornography. The district court focused on artistic intent and contextual factors rather than on a subjective perception of the image. The court applied the Dost factors to evaluate whether the image met legal definitions of sexual exploitative conduct involving a minor. The ruling underscores the legal significance of creator intent and surrounding context when distinguishing protected artistic expression from exploitation. The decision reduces liability risk for artists and rights holders when intent and context align with recognized artistic practices.
Read at The IP Law Blog
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