Arts & Entertainment

Baby On Nirvana Album Cover Sues Band, Calling It Child Porn

Spencer Elden, who appeared as a baby on Nirvana's "Nevermind" album cover, claims the band exploited him and profited from his image.

Spencer Elden, the baby who appeared on the cover of Nirvana's iconic "Nevermind" album, has filed a lawsuit against the band and several others, accusing them of child exploitation and pornography.

The lawsuit names several defendants including members of the band, Kurt Cobain's estate, photographer Kirk Weddle, Universal Music, Geffen Records, Warner Records and MCA Music, according to a report by National Public Radio.

Elden, now 30, was photographed for the album cover when he was 4 months old. He's seen in a pool with his genitalia exposed as he appears to swim toward a $20 bill on a fish hook.

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The image originally was interpreted as a statement on capitalism, Variety reported.

Originally, there was pushback against showing Elden's genitals on the album cover, NPR reported. The plan was to place a sticker over it; however, the sticker was never incorporated into the final artwork.

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The lawsuit also alleges that Elden's parents never signed a release authorizing the use of the image and Elden has never received compensation for his portrayal on the album cover.

Elden's lawyer takes it a step further, claiming the image crosses the line into child pornography and the use of currency in the shots makes the baby appear like a sex worker, Variety reported.

Non-sexualized nude photos of infants typically are not considered child pornography under law.

Elden is asking for $150,000 in damages from each defendant, claiming the band knowingly distributed the naked photo of Elden as a baby and profited from it.

In the past, Elden has embraced the notoriety received from appearing on the album containing hits such as “Smells Like Teen Spirit” and “Come as You Are." At other times, he struggled with it.

In a 2008 interview with NPR, Elden was still trying to make sense of his image.

"Quite a few people in the world have seen my penis," he told NPR in 2008. "So that's kinda cool. I'm just a normal kid living it up and doing the best I can while I'm here."

At other times, Elden has re-created the pose (with swim trunks on) as a teenager and adult to mark the album’s 10th, 17th, 20th and 25th anniversaries, according to the New York Post.

In 2016, the last time he posed for a re-creation of the photo, Elden told the Post the anniversary "means something" to him.

"It’s strange that I did this for five minutes when I was 4 months old and it became this really iconic image,” he told the Post. "It’s cool but weird to be part of something so important that I don’t even remember."

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