A naked baby helped Nirvana sell millions of records. Now 30, he's suing the band ...

[left-of-center2012]

A naked baby helped Nirvana sell millions of records. Now 30, he's suing the band for 'child pornography.'

Spencer Elden may very well be the most famous naked baby the world has ever seen. A photo of him as an infant — submerged in water and seemingly chasing a dollar bill dangling from a fish hook — became the iconic cover of Nirvana’s 1991 release “Nevermind,” considered one of the greatest rock albums of all time.

Three decades later, Elden is now claiming the album cover is child pornography.

Those defendants include Nirvana LLC, several of its members, the estate of frontman Kurt Cobain, the designer and photographer involved in creating the cover, and the record label that released the album. None of them responded to emails sent from The Washington Post late Tuesday and early Wednesday.

Elden, who’s 30, on Tuesday filed a lawsuit in a Los Angeles federal court alleging the cover is “sexual exploitation” that will hurt him — emotionally and physically — for the rest of his life.

https://www.post-gazette.com/ae/music/2021/08/25/Nirvana-Nevermind-album-cover-spencer-elden-naked-baby-suing-lawsuit-exploitation-child-pornography/stories/202108250106

[hlthe2b]

1. Since his parents had to sign off, is he accusing THEM of trafficking child pornograpyhy?

what a ridiculous (and soon to be quickly dispatched lawsuit)..

[sarisataka]

3. There is a different article

Which claims the parents never signed a release.

That would probably be a more solid case but would gather far less attention.

[hlthe2b]

7. Whether they signed anything or not, this picture did not get created without their participation.

It wasn't as if the photo was spontaneous and not clearly staged. Unless the child was kidnapped for the session, the parents DID participate and thus gave their implied consent.

[sarisataka]

11. I guess it would have to be argued

What were the parents told about the purpose of the photos. Was it made clear they could be used in a major marketing campaign?

I don't know how well implied consent holds up in court. I am neither a lawyer nor do I play one on the internet.

ETA> if you are very cynical you could consider that it being a major anniversary for the album, nothing generates free publicity like a little controversy...

[hlthe2b]

13. Use is one thing. The fact they allowed the photo to be taken incriminates them if anyone

seriously believes such a totally nonsexual photo is pornography. That is the claim being made and thus my point--the parents would have to be held legally responsible as well for enabling production, if not the distribution of pornography..

[sarisataka]

16. I agree, the child porn angle

Is weak sauce

[2naSalit]

4. An important question.

[LeftInTX]

34. If it's child porn, why was it sold in stores?

In plain view!

[GemDigger]

38. I don't think anyone ever wondered who that baby was

or what his name was but he now blasted his name all over the place. I think said baby is out for some money.

[USALiberal]

2. Sue your parents dumbass! Nt

[no_hypocrisy]

5. Pornography? Sexual Exploitation?

Better bring evidence that multitudes are jacking off to that cover.

[Moostache]

6. Timed to be filed at the 30th anniversary of the album release?

Was he NOT traumatized in 2001? 2006? 2011? 2016?
What about last year? 2020 pretty much sucked balls, why now?

Slimy cash grab doomed to fail.

[roamer65]

10. +1000

[Sympthsical]

25. He's been taking photos and doing interviews about it for years

He's 30 and living in mom's basement.

Kind of explains itself.

"When women find out . . ." Or you could just not tell them?

Seems like he gets a little charge out of the little bit of fame. Just wants the bucks now.

[ProfessorGAC]

35. "When Women Find Out..."

He's full of it.
Women wouldn't care that someone was naked in a baby picture.
I'm guessing that pic isn't the reason women want nothing to do with him.

[50 Shades Of Blue]

8. Well, everybody knows he's that baby *now*...

[PatSeg]

9. Whoa, that's really a stretch

Sounds like Elden is looking to make a buck and/or get some publicity.

[Thomas Hurt]

12. I vaguely remember that cover. Would have forgotten entirely and never knew Elden was the baby...

or that Elden even existed if he hadn't figuratively been waving his baby junk for all to see today.

[DinahMoeHum]

14. Sounds like Elden is itching for some royalty money.

[Buns_of_Fire]

15. And he's STILL grabbing for that dollar! nt

[kysrsoze]

20. LOL! They were eerily prescient when they created that cover.

[Demovictory9]

42. 😆

[roamer65]

17. It will get settled out of court with a big check.

[harumph]

18. Spencer Elden: a fucking loser.

[BigMin28]

19. His father

Said he was paid $200 by a photographer friend for the shot.

[LeftInTX]

27. Then, he has a reason to sue....

I think he should be compensated for his contribution toward the album's success...

Child porn...no!
Hope he filed the "right" lawsuit.....

[Cuthbert Allgood]

43. When this album came out, they were making very little money.

This is the album that made Nirvana. His father could have done a contract for a percentage of sales, but he didn't. Because it wasn't clear Nirvana was going to explode like they did. How much should someone be paid for a random shoot for an album cover for a relatively unknown and risky band?

[haele]

21. Nobody would know who this guy was if he didn't sue.i

I understand that it could make him uncomfortable or even ashamed or mentally anxious seeing himself as a baby on an album cover, but that's really between him and his parents who signed to contract to let his picture be used. It's not sexual (except to those creepy people to whom any sight of genitalia is a sexual turn-on) -no more than paintings of the Madonna and a naked Christ Child that are often plates included in a large old family KJV.


Haele

[LeftInTX]

30. He's actually known...

I think he should be compensated for his contribution towards the album's success...
Post below says his father was paid only $200....

I don't think it's porn etc, but he didn't receive anything.....
Don't know why he just didn't sue for his contribution...

https://www.post-gazette.com/ae/music/2021/08/25/Nirvana-Nevermind-album-cover-spencer-elden-naked-baby-suing-lawsuit-exploitation-child-pornography/stories/202108250106

?w=660

[GemDigger]

40. He isn't embarrassed, he is proud of it. Everybody knew cuz he blabbed it himself for years.

trying to make money off it. I doubt this case will go anywhere.

[BannonsLiver]

22. He's done a bunch of interviews over the years

About how great it was for him to be on the cover, how he’s used it to get dates, etc. But now it’s a problem. America in a nutshell. Everyone’s got a grievance.

[Jilly_in_VA]

23. Stupid whiner

Just out for a buck. Another one.

[Buns_of_Fire]

24. Okay. This, coming from a guy who has "Nevermind" tattooed on his chest.

Elden has spent decades struggling to come to terms with the fame that has followed him since before he could walk. He has worked with photographers several times over the years to re-create the album cover -- all with clothes on. He has “Nevermind” tattooed across his chest.

Hell, the only "fame" involved was because he tried for years to make his naughty baby bits famous.

Congrats, Spence, it worked. Now everyone knows you're a dick. A little itty-bitty teeny-tiny baby dick.

[Johonny]

26. I've just discovered that I don't care

[speak easy]

28. Spencer Elden was so traumatized by the photo he recreated it.

[tenderfoot]

29. I wonder if these kids from Woodstock 1969 sued?

[LeftInTX]

31. They were on Woodstock Two...which sold between 500,000 and 1,000,000

https://en.wikipedia.org/wiki/Woodstock_Two

The original Woodstock is double platinum

[tenderfoot]

32. It's a two record set which we had when we were kids

eom

[Kaleva]

33. "But, he added, women he dated would dump him when they found out he wasn't making any money off it.

"Elden said some people think it’s cool that he’s “the Nirvana baby.” But, he added, women he dated would dump him when they found out he wasn’t making any money off it. And having friends talk about the naked photo was embarrassing, especially without any compensation to offset that humiliation, he said."

https://www.post-gazette.com/ae/music/2021/08/25/Nirvana-Nevermind-album-cover-spencer-elden-naked-baby-suing-lawsuit-exploitation-child-pornography/stories/202108250106

I think that if these women were interviewed, they'd all agree that it wasn't the fact that he wasn't making any money off the picture for being the reason they all dumped him.

[JoanofArgh]

36. They dumped him because he's still living in mom's basement.

[ProfessorGAC]

37. Said Same Above

I think women are dismissing his company for much better reasons.

[Kaleva]

39. Sorry. I've been babysitting for 3 days and I'm tired

When reading an OP, I try to remind myself to go through the entire thread to see if someone else had already posted something similar to my own thoughts and reaction to the OP and then reply to that post rather then the OP itself. This time, I just read the OP and linked article and didn't even bother to read any of the posts made in reply.

[ProfessorGAC]

41. No Worries!

I was in late, too. I replied to another poster.
I was just making sure you knew someone agreed with you totally!