Spencer Elden, the man who’s baby photo was used on the cover of Nirvana’s iconic album ‘Nevermind’ is now suing the band. The lawsuit alleges that the nude image of the child swimming is child pornography.
The album cover is supposed to be a statement on capitalism. Elden’s attorney argues that the inclusion of the dollar bill in the shot makes the baby appear like a sex worker.
Elden’s family was paid $200 for the photoshoot, which his father said took about 15-seconds. The family was never compensated anything additional. Geffen records did send him a platinum album and a teddy bear.
Additionally Elden claims that his parents never signed paperwork authorizing the use of the photo.
Elden is asking for $150,000 from each of the defendants which includes the estate of Kurt Cobain, the surviving band members Dave Grohl and Krist Novoselic, Courtney Love, photographer Kirk Weddle, art director Robert Fisher, and all of the record companies who distributed the album over the last 30 years. Former Nirvana drummer Chad Channing is also listed as a defendant even though he was replaced by Grohl before the album was recorded.
Elden has gone on record in the past stating that he thought the cover concept was “genius”. He even recreated the iconic album cover on several occasions celebrating the albums 10th, 18th, 20th, and 25th anniversaries. During the 25th anniversary shoot, Elden offered to do the shot nude but the photographer John Chapple declined, stating that would be too weird so the trunks stayed on that time.
DGC – a division of Geffen Records wanted to use a different cover image but Cobain insisted. The only alteration he would agree to would be a sticker covering that read “If you’re offended by this, you must be a closet pedophile.” The label instead opted to release the album without the sticker.