Spencer Elden has reignited his battle against the seminal grunge band, Nirvana alleging that the image on the band's Nevermind album constitutes of child pronography. Elden's attorney has presented images and materials whoch reveal the Nevermind creators deliberate choices to commercialize and exploit the sexually explicit photo lasciviously depicting Specer's genitals in the reopened and amended lawsuit filed on Wednesday.
In a statement, Elden's attorney said, "This unprecendented album cover is perhaps the first and only time a child's full-frontal nudity has been used to sell a product. Spencer's image constitutes child pornography and each of the Nirvana Defendants robbed our client of his dignity and privacy."
Elden has also accused the band members of knowingly producing, possessing and advertising commercial child pornography as they put a nude photo of him as a baby on the Nevermind album cover. His attorney has also alleged that Elden will continue to suffer damages as long as the violations described above persist.
Furthermore, the lawsuit alleges that, "During the 10 years preceeding 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 sollars in the aggregate."
Spencer Elden has also claimed the band continues to reproduce, distribute and advertise the allegedly pornographic image as the 30th anniversary release of Nevermind contained the same explicit cover. His attorney siad in a Thursday statement, "As long as the entertainment industry prioritizes profits over childhood privacy, consent, and dignity, our client will continue his pursuit for awareness and accountability."
However, Elden himself had sopken positively of the cover in 2015 to USA Today how it opened doors for him and was a really posiitve, fun experience. He also recalled how his father was friends with photographer Kirk Weddle and graphic designer Robert Fisher and they had asked his father if 4months old Elden could be part of the shoot and he said, "My dad was like, 'Ah, no problem, man. We'll just go down to the pool and throw him and that'll be it. And it was no big deal. And no one knew what it was going to become." He further shared that his parents were paid $200 and his parents never signed a release authorizing his images.
But a judge in California had dismissed a lawsuit against Nirvana made by Spencer noting that he had seemed to enjoy the notoriety of being the Nirvana Baby and said, "He has re-enacted the photograph in exchnage for a fee many times, he has had the album title...tattooed across his chest."
Who Is Spencer Elden?
Spencer Elden is infamously known as the baby in the cover of Nirvana's Nevermind album cover which was sold over 30 million copies. Spencer Elden was born in 1991 in Los Angeles, California. He is a street artist and a student at Art Centre College of Design in Pasadena, California. His estimated net worth is around $500,000. He was also paid $1,000 to re-enact the famous pool pose for photographers.
In an interview, Elden had explained how he was not sure of wat to make of the situation of being the naked baby on Nirvana's Nevermind album cover and said, "Sometimes it's really frustrating, sometimes it's really cool. It's al about how you look at it." He further added, "It's weird to be afiliated with this band and yet have nothing to do with them at all."
He also expressed his frustrations and said, "I'm just still trying to get my head around this image and be comfortable with muself as I am. I wouldn't want to distance myself, but, at the same time, it doesn't seem healthy. Why is anyone trying to hit me up anyway? Who am I?"