Baby on iconic Nirvana album sues band for child sexual exploitation
25 August 2021, 10:00 | Updated: 25 August 2021, 10:09
The man photographed as a baby on Nirvana's iconic Nevermind album has sued the band and Kurt Cobain's estate for child sexual exploitation.
Spencer Elden, now 30, has accused the band of using the photo without his consent due to the fact he was only four months old when it was taken back in 1991.
The image, which went on to become one of the most recognisable album covers of all time, depicts the baby floating underwater without any clothes on while a dollar bill is dangled in front of him on a fishing hook.
It is considered by many as a comment on capitalism due to its imagery.
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However, Mr Elden's lawyer - Robert Y. Lewis - claims the snap should be considered "child pornography" as the inclusion of money in the shot makes the baby appear "like a sex worker".
“Defendants intentionally commercially marketed Spencer’s child pornography and leveraged the shocking nature of his image to promote themselves and their music at his expense,” the lawsuit says.
“Defendants used child pornography depicting Spencer as an essential element of a record promotion scheme commonly utilized in the music industry to get attention, wherein album covers posed children in a sexually provocative manner to gain notoriety, drive sales, and garner media attention, and critical reviews.”
The lawsuit was filed in the US District Court’s central district of California and was obtained by Variety magazine.
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Non-sexualised photos of nude infants are generally not considered "child pornography" under US law.
Mr Elden is asking for at least $150,000 (£109k) from each of the defendants, who include living band members Dave Grohl - now of Foo Fighters - and Krist Novoselic.
Courtney Love - the former wife and executor of late singer Kurt Cobain's estate - is also on the list of defendants, along with the photographer behind the cover art - Kirk Weddle - and several existing or defunct record companies that released or distributed the album over the past three decades.
The plaintiff has recreated the pose on a number of occasions as a teenager and adult but has consistently expressed mixed feelings about being famous for the picture. However, he has never before accused those behind the image of child sexual exploitation.
Mr Elden has repeatedly said he never received more than $200 (£146) for the shoot - which was given to his parents anyway.
A new allegation in the lawsuit is that his mother and father never signed paperwork granting their permission for its use.
“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 suit says.
It adds: “Weddle took a series of sexually graphic nude photographs of Spencer. To ensure the album cover would trigger a visceral sexual response from the viewer, Weddle activated Spencer’s ‘gag reflex’ before throwing him underwater in poses highlighting and emphasising Spencer’s exposed genitals.
"(Robert) Fisher (the art director behind the shoot) purchased fishhooks from a bait and tackle shop to add to the scene. At least one or more film cartridges were exposed in a short period of time which included at least 40 or 50 different image shots of Spencer.
"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.”
