A federal courtroom has granted abstract judgment for Nirvana, dismissing Spencer Elden’s declare that the Nevermind album cowl — depicting him as a child — constituted baby pornography. On this episode of The Briefing, Scott Hervey and James Kachmar revisit their earlier protection of the Ninth Circuit’s choice and unpack how the district courtroom’s closing ruling turned on inventive intent and context somewhat than notion.
Tune in to learn the way the courtroom utilized the Dost elements, what this ruling means for artists and rights holders, and the way intent shapes the boundary between artwork and exploitation.
Watch this episode on YouTube or hearken to this podcast episode right here.
