“It’s fun to lose and to pretend” might be in everyone’s thoughts, as the baby that was featured on the cover of Nirvana’s famous “Nevermind” album, now grown-up, is suing the band, Kurt Cobain’s estate, as well as Cobain’s widow Courtney Love for child pornography, multiple media sources reported on Wednesday.
Other defendants include photographer Kirk Weddle and art director Robert Fisher.
The baby, who is now 30-year-old Spencer Elden, alleges that he has been caused “lifelong suffering by ‘trafficking’ his image worldwide,” by the band, the art directors, and record labels, according to CBS Los Angeles.
Elden demands at least $150,000 from each of the defendants.
Elden also stated that his “identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide from the time he was a baby to the present day.”
Elden also stated that neither he nor his guardians consented to the naked photoshoot, according to the lawsuit. The suit also stated that in addition to being sexually graphic, it makes Elden resemble “a sex worker – grabbing for a dollar bill.”
He also claims that he was “forced to engage in ‘commercial sex acts,’ and that the band went back on an alleged promise to conceal his genitals on the album cover,” according to the New York Post.
Fice years ago, Elden recreated the cover as an homage to Nirvana’s album, the Post also reported.
The famous image in question captures Elden when he was a baby, swimming naked in a pool chasing after a $1 bill attached to a fish hook while his genitalia is exposed. The Guardian reported that Elden was said to be four years old at the time the iconic photograph was taken.
Elden said that he never received compensation for the use of his image, Yahoo News reported.
Nirvana’s Kurt Cobain plays in the now famous olive-green sweater on MTV Unplugged in 1993 (credit: screenshot)
Nevermind was released in 1991 which featured some of the band’s most famous tracks: “Smells Like Teen Spirit” and “Come as You Are.”
Since Kurt Cobain’s death in 1994, Nirvana’s surviving members are bassist Krist Novoselic and guitarist Dave Grohl.
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“The suit also stated that in addition to being sexually graphic, it makes Elden resemble “a sex worker – grabbing for a dollar bill.” No—he is an opportunist grabbing for a whole lot of dollar bills.
One has to look at intent here—and I am not seeing where child porn is remotely the idea—and I certainly don’t see where he is being promoted as a sex worker looking for money. This is being stretched to the limit.
When I was growing up, I can remember national magazine ads for baby products that featured naked babies—they were tastefully done and they exuded pure innocence. They were not suggestive poses in trashy magazines that would have sparked any controversy. Many old paintings by the Masters ran along this line and they are considered works of great art. I reiterate that intent is the key here—and why did it take this long for Mr Elden to become so offended and distressed over it?
IF his case has merit, then EVERY PARENT WHO takes a pic of their OWN KIDS, and sends them to magazines etc, IS ALSO engaging in child porn.
Aside from the compensation issue which is real and should be considered, everything else about this suit has an odd ring to it, especially after all this time. If it had been thought so offensive then, why was’t action taken then?
The baby, who is now 30-year-old Spencer Elden, alleges that he has been caused “lifelong suffering by ‘trafficking’ his image worldwide,” by the band, the art directors, and record labels
Geez under this logic many people should be able to go back in time and sue who ever they want. This guy should give back the money his family made plus inters to the Cobain’s.
ONE wonders, DID HE CHECK with his parents, WHO WERE THE ONES i figure, that LET nirvana use his image?