Baby In Nirvana's 'Nevermind' Album Sues Band For Child Porn, Alleges 'Commercial Sex Acts'
KEY POINTS
- The man who was featured as a baby on the cover of Nirvana's "Nevermind" album has sued the band
- Spender Elden, now 30, accused the band of violating child pornography laws and sexually exploiting him
- Elden claimed in his suit that the band was never given consent to use the photo and he was never compensated
The man who was featured as a baby on the cover of Nirvana's million-selling "Nevermind" album from 1991 has sued the band over their use of the image, court documents showed.
Spencer Elden, now 30, alleged that the former members of the grunge-rock trio, various record companies, art directors and others violated federal criminal child pornography laws when they used the naked photo of him when he was still a baby, KCAL 9 reported, citing a complaint filed in the Los Angeles federal court Tuesday.
The L.A.-based artist, who was 4 months old when the cover for Nirvana's sophomore album was shot in a Pasadena aquatic center in 1990, claimed that he suffered "lifelong damage" from having his naked body shown on the triple-diamond selling album, a report by The New York Post said.
"The permanent harm he has proximately suffered includes but is not limited to extreme and permanent emotional distress with physical manifestations, interference with his normal development and educational progress, lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at trial of this matter," the document read.
Elden claimed neither he nor his guardians ever consented to the 15-second naked photoshoot, which they were paid $200 for.
Additionally, Elden alleged his parents never signed a release authorizing the use of the photos and that he never received compensation for their use.
The defendants "knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so," the complaint added.
"Despite this knowledge, defendants failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking," it continued.
Elden also claimed he was forced to engage in "commercial sex acts" and that the band went back on their promise to conceal his genitals on the album cover.
"[The defendants] used child pornography depicting Spencer as an essential element of a record promotion scheme commonly utilized in the music industry to get attention, wherein album covers posed children in a sexually provocative manner to gain notoriety, drive sales, and garner media attention, and critical reviews," the suit alleged.
The complaint added that Elden's identity and legal name are "forever tied" to the commercial sexual exploitation he allegedly experienced.
The lawsuit is reportedly seeking either $150,000 from each of the 17 defendants, or unspecified damages to be determined at trial.
“Nevermind” has sold over 30 million copies, according to the KCAL 9 report.