He has reenacted the iconic underwater photo several times throughout his life. Spencer Elden, the man who appeared on the cover of Nirvana’s Nevermind album when he was a baby, embraced his role in rock history for many years. Nevermind’s artwork has long been considered iconic in terms of 20th and 21st-century popular imagery. Spencer Elden says his legal guardians never consented to having his naked genitals on the cover of the 1991 album. The cover art, a naked baby underwater swimming towards a 20 bill, is about as recognizable as the opening riff. "He has been fully aware of the facts of both the supposed 'violation' and 'injury' for decades."Īdditionally, the estate asserts that Elden's lawsuit, if successful, would then criminally implicate every owner of Nevermind. "Elden's claim that the photograph on the Nevermind album cover is 'child pornography' is, on its face, not serious," the band wrote. "A brief examination of the photograph, or Elden's own conduct (not to mention the photograph's presence in the homes of millions of Americans who, on Elden’s theory, are guilty of felony possession of child pornography), makes that clear. The significance of the artwork is likely to be scrutinized further given that the baby in the image, now grown up, has decided to sue Nirvana and Kurt Cobain’s estate on grounds of alleged child exploitation and pornography. Nirvanas iconic album Nevermind turns 30 next month. "Long before 2011, as Elden has pled, Elden knew about the photograph, and knew that he (and not someone else) was the baby in the photograph," the statement said. The suit is valid only 10 years from the point that a victim "reasonably discovers" it, and the estate claims that Elden was familiar with the photograph's notoriety before 2011, when Elden was 20 years old. Mabie said despite the photo being 30 years old, the lawsuit was within the statute of limitations of federal child pornography law for several reasons, including the fact that the image is still in circulation and earning money.In a statement last month, the Nirvana estate maintained that not only has Elden profited from his role in the album's cover art but that the statute of limitations for a federal child-pornography lawsuit has almost certainly already expired. The man who appeared as a naked baby on the cover of Nirvana’s smash, breakthrough album should have said Nevermind to the idea of filing a child-porn lawsuit over its iconic cover, some. One of Elden's attorney's, Maggie Mabie, told The Associated Press in August that he filed the lawsuit when he did because he "finally has the courage to hold these actors accountable."
The judge gave Elden's attorneys until January 27 to file an amended complaint that addresses the issues raised in the defendants' motion, or the suit will be more definitively dismissed.
Spencer Eldon, now 30, said Nirvana and the estate of Kurt Cobain. "He has reenacted the photograph in exchange for a fee, many times he has had the album title 'Nevermind' tattooed across his chest he has appeared on a talk show wearing a self parodying, nude-colored onesie he has autographed copies of the album cover for sale on eBay and he has used the connection to try to pick up women." Nirvana's famous naked baby has SUED the band for child pornography after appearing on their iconic 1991 Nevermind album cover. "Elden has spent three decades profiting from his celebrity as the self-anointed 'Nirvana Baby,'" the document says.
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