In a surprising turn of events, an infant featured on one of the most iconic album covers in music history is taking legal action against the band. The cover of Nirvana’s Nevermind, which depicts a naked baby swimming underwater towards a dollar bill on a fish hook, has become almost as famous as the music itself. The baby, now an adult named Spencer Elden, was just four months old at the time the photo was taken. After three decades, Elden claims he has been a victim of sexual exploitation and has filed a lawsuit against Nirvana and their record label.
Elden’s legal complaint targets the surviving members of Nirvana, Kurt Cobain’s widow, and all record labels associated with the album since its release. In the court documents, Elden argues that the image, which clearly shows his genitals, constitutes mass-produced child pornography. He accuses the defendants of “commercial child sexual exploitation” both during his childhood and continuing into the present day, asserting that they knowingly produced and distributed commercial child pornography featuring him.
Elden describes the album cover as “sexually graphic” and claims it makes him appear as if he is “a sex worker reaching for a dollar.” Contrary to previous claims that he received $250 for the shoot, his lawsuit states that he was never compensated, and his parents did not provide consent for the photo to be used in that manner.
He alleges that he has endured “lifelong damages” as a result of the image, including “extreme and permanent emotional distress with physical manifestations,” along with loss of educational opportunities, wages, and overall enjoyment of life. Elden is seeking at least $150,000 in damages and has requested that the case be decided by a jury. To date, the remaining members of Nirvana and the other parties involved have not issued any public statements regarding the lawsuit.
Throughout his life, Elden has shared his thoughts on being part of such a significant cultural moment. In a 2016 interview with the New York Post, he remarked, “It’s cool but weird to be part of something so important that I don’t even remember.” In the same year, he expressed concerns about the exposure in an interview with Australian GQ, stating, “What if I wasn’t OK with my freaking penis being shown to everybody?” In 2007, he even referred to his situation as “kind of creepy” and likened himself to “the world’s biggest porn star.”
Kirk Weddle, the photographer behind the iconic image, has also shared his mixed feelings about it. He mentioned to The Guardian in 2019, “I used to think, ‘Man, when that kid is 16 he’s gonna hate my guts!’ He doesn’t, but he’s conflicted about the picture. He feels that everybody made money off it and he didn’t. I think he deserves something. But it’s always the record labels that make the money.”
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In summary, Spencer Elden, the baby featured on Nirvana’s Nevermind album cover, has filed a lawsuit against the band and associated parties, claiming sexual exploitation and seeking damages. His perspective on being part of such a significant cultural artifact has evolved over the years, leading to his current legal actions.