Nevermind is probably one of the best well-known albums in music history because of its music and its cover. The cover features a naked, uncensored baby in a pool with a dollar on the front, if you don’t know. The photo was controversial at the time — and still is today —, however, Nirvana kept it.
Now, 30 years-old Spencer Elden, the baby from that same cover, is suing Nirvana for child exploitations and pornography. This is very surprising due to the time that has passed. Yet, Spencer still said that the band knowingly distributed the image despite violating child pornography laws.
Why and who is Spencer suing
Spencer is asking for $150.000 in damages from each defendant, suing for child exploitation and pornography. The list of defendants includes members of the band, Kurt Cobain’s state, photographer Kirk Weddle, Universal Music, Geffen Records, Warner Records and MCA Music.
The lawsuit states very that the defendants intentionally commercially use the images of Spencer to create controversy. In other words, they used Spencer to promote themselves and their music without thinking about the consequence.
According to the lawsuit, using a child to generate shocking images is a common practice in the industry. The lawsuit states that “album covers posed children in a sexually provocative manner to gain notoriety”. Nirvana exploited this to achieve more sales rather than to make a statement.
Elden’s parents were paid $200 for the image, but they never authorize the use or distribution of it. Also, they believe that Elden’s genitals on the album cover would have a sticker over them. About this, Elden said that “the sticker was never incorporated into the album”.
