Nirvana being sued by baby from «Nevermind» album art
The man whose naked pool baby picture is featured on Nirvana’s iconic album cover is suing the former band members. Reportedly, consent had never been given for the photo to be used.
This news has come as a surprise: thirty years after the release of the album «Nevermind», a lawsuit has rolled in. The former band members of Nirvana, Kurt Cobain’s estate, the photographer and several other parties involved are being sued for at least 150,000 USD in damages each. The plaintiff, Spencer Elden, who was the naked baby in the pool, claims he did not consent to his image being used.
Because Elden was a four-month-old baby at the time, the responsibility would have fallen to his parents. According to the lawsuit, they did not consent to the image appearing on the album cover either. These are reports by US entertainment news magazine TMZ, which has access to the lawsuit.
In the lawsuit, Elden accuses the band of violating federal child pornography laws. A Los Angeles court is now considering the case.
The album that wrote music history
The 1991 grunge album with the baby picture cover was Nirvana’s second studio album. It was the US rock band’s breakthrough. With 30 million copies sold, «Nevermind» is one of the best-selling albums in the world.
The cover art – a naked baby swimming in a pool with his arms outstretched, reaching for a lure in the shape of a dollar – achieved cult status. At the same time, it caused quite the controversy. Critics accused the band of glorifying paedophilia.
According to the lawsuit, the band promised Elden’s parents that his genitals would be covered with a sticker. But this never happened. According to an interview with Elden, his parents were friends with the photographer and received 200 USD for the picture. The photo was taken more or less by accident; the idea reportedly came to the band after watching a TV report about water births.
Model reportedly still suffering the consequences
In the lawsuit, Elden says he is still suffering from the consequences to this day and refers to the photo as child pornography. Further, the lawsuit argues that Kurt Cobain, David Grohl and the rest of the band failed to protect Elden and that the photo is a case of sexual exploitation.
In a video interview a few years ago, Elden reflected on how crazy it was that so many people had seen his penis when he was a baby. Today, Elden claims that having his naked baby body plastered on a famous album has caused him lifelong damage.
Plaintiff has a «Nevermind» tattoo and has recreated the photo several times
The fact that the lawsuit has come after so many years and numerous interviews with Elden raises questions. Elden has also recreated the photo himself several times – though in swimming trunks. The pictures can be seen in this article. Twenty-five years after the original photo was taken, Spencer Elden had himself photographed again in the exact same pool at the Pasadena Rose Bowl Aquatic Center in Los Angeles. Fiver years later, he seems to have changed his mind, despite the «Nevermind» tattoo that still adorns his chest.
Today, such a picture would be unthinkable as an album cover. The former band members and other people involved have not yet released any statement about the charges.
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