A federal court docket has granted abstract judgment for Nirvana, dismissing Spencer Elden’s declare that the Nevermind album cowl — depicting him as a child — constituted little one 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 court docket’s closing ruling turned on creative intent and context relatively than notion.
Tune in to find out how the court docket utilized the Dost components, 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 take heed to this podcast episode here.
