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Claiming to have suffered extreme and permanent emotional distress as a result of featuring on the Nevermind cover, Elden is seeking 150,000 per defendant, as well as coverage of attorney’s fees and a trial by jury. “Cobain chose the image depicting Spencer - like a sex worker - grabbing for a dollar bill that is positioned dangling from a fishhook in front of his nude body with his penis explicitly displayed,” the lawsuit says. Elden’s claim that the photograph on the Nevermind album cover is ‘child pornography’ is, on its face, not serious. When the cover was shot, Nirvana was a little-known grunge band with no sense they were making a generation-defining album in Nevermind, their first major label release, whose songs included Smells Like Teen Spirit, Come as You Are and Lithium.Įlden’s father was a friend of the photographer, Kirk Weddle, who took pictures of several swimming babies in several scenarios at the Rose Bowl Aquatic Center in Pasadena, California. A federal judge has tossed a lawsuit brought by a man who, when he was a baby, was featured on the cover of Nirvana’s Nevermind album more than 30 years ago. But just five years ago, he recreated the photoshoot for the album’s 25th anniversary. “If there is a 30th anniversary re-release, he wants for the entire world not to see his genitals,” Mabie said. Spencer Elden, who was famously photographed as a baby for Nirvana’s Nevermind album cover, is now suing the band for child sexual exploitation. Mabie said despite the photo being 30 years old, the lawsuit is within the statute of limitations of federal child pornography law for several reasons, including the fact that the image is still in circulation and earning money.Įlden also wants any new versions of the album altered. Nirvana's Nevermind album has sold around 30 million copies worldwide, and the cover art has been named one of the greatest album covers of all time by Billboard magazine and Rolling Stone magazine.Įlden has a tattoo that reads "Nevermind" across his chest, and he has previously recreated the pool photograph numerous times for the album's anniversaries.It seeks at least $150,000 from each of more than a dozen defendants, including the Kurt Cobain estate, surviving Nirvana members Krist Novoselic and Dave Grohl and Geffen Records.Įmails seeking comment from representatives for the defendants were not immediately returned.Įlden is filing the lawsuit now because he “finally has the courage to hold these actors accountable,” one of his attorneys, Maggie Mabie, told The Associated Press Wednesday.
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Universal Music Group, Weddle and a publicist for Love did not immediately respond to requests from Reuters for comment.
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The lawsuit also alleged that a sticker was initially going to be used to cover Elden's genitals, which appear in the photograph shot by Weddle, who was a friend of Elden's father.Įlden also says he has suffered from "extreme and permanent emotional distress" since the photograph was taken. 10 Things That Will Make You Miss Nirvana More Than Ever MTV Sept.
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Check Out Amazing Rare Photos Of Nirvana Before They Were Famous Matthew Perpetua Nov. Rolling Stones drummer Charlie Watts dead at 80Įlden says his parents never signed a release authorizing the use of the image and that he was never compensated for the photo beyond the $200 his parents were paid for it on the day the photo was taken. Nirvana's Infamous 'Nevermind' Cover Shoot Like You've Never Seen Gabriel H.The Hollywood Reporter reached out to some attorneys about the lawsuit to get their opinion. Nirvana's Nevermind cover almost looked completely different Some legal experts have chimed in on the child pornography lawsuit filed by Spencer Elden, the now 30-year-old man who appeared on the cover of Nirvana’s 1991 album Nevermind as a baby.