The Baby on Nirvana’s 'Nevermind' Cover is Sues The Band for Damages

Published August 26th, 2021 - 06:46 GMT
Spencer is suing the band over alleged child sexual exploitation
Spencer is suing the band over alleged child sexual exploitation
Highlights
The album cover features Elden underwater in a swimming pool

Spencer Elden, who appeared as a naked baby on the cover of Nirvana's 1991 album "Nevermind," claims the band's artwork is child pornography

Spencer is suing the band over alleged "child sexual exploitation.", however, Non-sexualized nude photos of infants are generally not considered child pornography under law.

The album cover features Elden underwater in a swimming pool as a then-infant with his genitalia exposed.

Elden’s representative at the Marsh Law Firm says Elden was “exploited as a child and was never able to give consent when a picture exposing his naked genitals was used on the cover of Nevermind.

"Nirvana exploited me when I was a baby to sell their music, but there is a person behind every image,” Spencer said in a statement. “I'm just asking the band to do what they should have done 30 years ago and redact my genitals from the image out of respect for my privacy. If the world could forget about it, then maybe I could forget about it too.”

Elden's parents also never signed a release authorizing the use of the image, and Elden himself never received any compensation, the lawsuit says.

 Elden's family was paid $200 to throw 4-month-old Spencer into a pool for "half a second" so he could be shot by photographer Kirk Weddle. The dollar bill on the fish hook was added after the fact; the suit claims that the baby is grabbing for the dollar bill "like a sex worker," which together with the exposed penis forms the basis of the suit's claim that the image is "sexually explicit."

 


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