The BBC reports that the lawsuit also claims that Nirvana said a sticker would be used to cover Elden's genitals, but that didn't happen. "Neither Spencer nor his legal guardians ever signed a release authorizing the use of any images of Spencer or of his likeness, and certainly not of commercial child pornography depicting him," the lawsuit reads, according to Variety. The lawsuit also claims that Elden's parents did not sign a release granting the image to be used for the album cover. As Variety notes, non-sexualized images of babies are not generally considered to be pornography. Lewis, claims that the digital inclusion of the money dangling in front of him makes baby Elden appear "like a sex worker," which he argues makes the image child pornography. The lawsuit says that “Spencer’s true identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor.” NPR says that the lawsuit also alleges emotion distress as a result of the cover image.Īccording to Artnet, Elden is now 30 years old and working as a painter.As reported by Variety, Elden's lawyer, Robert Y. EW says that Elden was paid $250 for the shoot. The photographer noted that the shoot included extra models “because you can’t count on a baby to do anything you want.” The article says that the parents held the babies in the shallow end of the pool, then dropped them to drift for three or four seconds in front of Weedle, who was known for his underwater work. The ‘swimming’ baby’s goal? A single dollar attached to a fish hook.Īccording to an Entertainment Weeklyarticle published shortly after the album, Elden was one of four babies brought to the shoot. But, that nude infant appears to be sinking down in a pool. Nirvana’s Nevermind album cover is likely so easily recognizable in part because of the shock value of that cover image. The lawsuit also claims that Elden’s parents never signed a release to use the image and that Elden, then four months old, was never compensated for the image. The list of defendants is a lengthy one that includes photographer Kirk Weedle, band members Dave Grohl and Krist Novoselic, Kurt Cobain’s estate, Universal Music, Geffen Records, Warner Records, and MCA Music.Īccording to NPR, the lawsuit accuses the photographer of taking a “sexually graphic” photo and claims that, originally, the album was supposed to have a sticker over the baby’s genitals. The lawsuit, which was filed earlier this week in California, asks for $150,000 in damages from each of the defendants. Nirvana’s Nevermind cover album baby, Spencer Elden, all grown up. Elden has filed a lawsuit alleging child exploitation and child pornography for the cover that shows a nude four-month-old Elden in a swimming pool facing a dollar bill on a fish hook.
The iconic cover of Nirvana’s 1991 album is now the subject of a lawsuit against the band, photographer and production companies. Thirty years ago, Spencer Elden was just a baby when he swam nude on Nirvana’s Nevermind album cover.
#Where is the baby from nirvana nevermind cover now update
Update : Spencer Elden’s lawsuit has been dismissed, though the possibility of a refile is still possible.
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