Who is Spencer Elden and why is he suing Nirvana?01/20/2022
EVERY Nirvana fan remembers that iconic album cover with the baby swimming underwater on the front.
The memorable photo was used as the artwork for the 90s band's Nevermind LP.
Who is Spencer Elden?
Spencer Elden is in fact the baby who featured on the Nevermind album cover from 1991.
He was four months old when he was photographed for the LP, as his dad was friend of the photographer.
Years following the album cover, it is unknown what Elden does for a profession.
Nevermind is one of the best-selling albums of all time, having sold over 30million copies worldwide.
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Why is Spencer suing Nirvana?
Spencer has accused the band of "sexual exploitation" in a $150,000 lawsuit.
He is suing the band's surviving members as well as Kurt Cobain's estate, claiming that he could not consent to being pictured on the 1991 album cover.
The famous album cover features him as a baby floating naked in a pool.
Spencer is claiming that the band violated federal child pornography laws by using his photo and is accusing them of sexual exploitation, according to TMZ.
According to court documents obtained by the outlet, Spencer claims he could not – at 4 months old – consent to being in the photo and his legal guardians did not consent either.
He alleges that the band promised that his genitals would be covered with a sticker on the album cover, but that never happened.
The suit alleges that appearing nude as an infant on the cover art has led to "lifelong damages" for Spencer.
Spencer is reportedly seeking damages, attorney fees, an injunction to prohibit all parties from "continuing to engage in the unlawful acts and practices described herein," and a trial by jury.
Reps for Nirvana and Universal Music Group have not yet commented on the case.
What has Spencer said about the album cover?
As an adult, Spencer Elden recreated the image in 2016 and even has the word Nevermind tattooed on his chest.
But he appears to have changed his tune about the album in recent years.
In a 2016 interview with GQ Australia, Elden said that he was "p****d off" about the album art.
"Recently I've been thinking, 'What if it wasn't OK with my freaking penis being shown to everybody?' I didn't really have a choice," he said.
He told the outlet that he came to the realization after trying to get in touch with the band and the photographer who took the photo.
"Just a few months ago, when I was reaching out to Nirvana to see if they wanted to be part of my art show. I was getting referred to their managers and their lawyers," he explained.
"Why am I still on their cover if I’m not that big of a deal?"
What was the result of Spencer Elden's lawsuit against Nirvana?
In August of 2021, Spencer Elden filed a child pornography lawsuit against Nirvana at Los Angeles Federal Court.
Per USA Today, Elden's lawsuit was dismissed on January 3, 2022.
The court documents, obtained by USA Today, detailed that he had until December 30 to file an opposition against the lawsuit's dismissal, but he failed to do so.
The documents also mentioned that the judge in the case granted Elden and his legal team until January 13, 2022 to amend his complaint before the case is dismissed for good.
Marsh Law Firm, the legal team representing Spencer Elden, told the publication: "In accordance with the court's order we will be filing a Second Amended Complaint very soon."
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