Spencer Elden, the man who appeared on Nirvanas iconic 'Nevermind' album cover as a baby, has. The lawsuit alleges Cobain, Novoselic and Grohl purposefully chose the image of Elden with his penis visible, reaching for a dollar bill dangling from a fishhook "like a sex worker. Man pictured on Nirvanas Nevermind album files new complaint in child pornography lawsuit. "During the 10 years preceding the filing of this action, each Defendant intentionally commercially marketed the child pornography depicting Spencer and leveraged the lascivious nature of his image to promote the 'Nevermind' album, the band, and Nirvana’s music, while earning, at a minimum tens of millions of dollars in the aggregate," the lawsuit alleges.Įlden asks for a trial by jury and $150,000 from each of the 17 defendants, including former Nirvana members along with Cobain's widow and estate executor, Courtney Love, the album's photographer and designer, and record companies Universal Music Group, Geffen, Warner and MCA Music. Related: Judge grants motion to dismiss Nirvana 'Nevermind' baby child pornography lawsuit "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.Background: Man who appeared on Nirvana's 'Nevermind' cover renews plea to remove his genitalia from album art
"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. 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.
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