[imagesource: Nirvana]
We have all seen the cover of Nirvana’s iconic album Nevermind, which features a baby suspended in a swimming pool, reaching out for a dollar bill that’s being dangled in front of him on a fishing line.
Nirvana’s second album was “seminal”, having helped “define Generation X” and skyrocketed the Seattle band to international fame, per The New York Times.
After 30 years, that is now a problem for the person who was photographed all those years ago.
Spencer Elden was only four months old when he was photographed in 1991. Now, aged 30, he has filed a federal lawsuit against the people involved in making the album cover happen.
This includes Kurt Cobain’s estate and Nirvana’s former bandmates, David Grohl and Krist Novoselic, as well as Courtney Love.
The photographer, Kurt Weddle, is also among the 15 people and companies named in the complaint.
Elden, an artist living in Los Angeles County, is seeking $150 000 from each of them. If he wins, he could be walking away with that multiplied by 15, which is $2,25 million.
His claims are as follows:
… that they, along with Geffen Records, which released ‘Nevermind,’ profited from his naked image. It is one of the best-selling records of all time, with at least 30 million copies sold worldwide.
“Defendants knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so,” according to the lawsuit, which was filed on Tuesday in federal court in California.
Here’s Elden via NewsAU:
“Nirvana exploited me when I was a baby to sell their music, but there is a person behind every image,” Mr Elden [said].
“I’m just asking the band to do what they should have done 30 years ago and redact my genitals from the image out of respect for my privacy.”
The lawsuit also alleges that Elden suffered “permanent harm” for being associated with the album, including a “lifelong loss of income-earning capacity.” Although, the lawsuit did not disclose exactly how.
Maggie Mabie, one of his lawyers, said he has been in therapy for years because:
“He hasn’t met anyone who hasn’t seen his genitalia,” she said. “It’s a constant reminder that he has no privacy. His privacy is worthless to the world.”
In a New York Post interview in 2016, Elden added that “it’d be nice to have a quarter for every person that has seen my baby penis.”
But, Elden has also been somewhat celebratory about the cover, recreating the image as an adult (although with clothes on) for the album’s 10th, 17th, 20th, and 25th anniversaries.
He even said that the album cover had “opened doors” for him in a short documentary back in 2015.
Mabie says he is still a victim of child pornography despite his past claims and that the “law does not pick between children who immediately denounce their abusers and children who initially were dismissive about what happened to them.”
A lot of it comes down to the matter of consent:
“Recently I’ve been thinking, ‘What if I wasn’t OK with my freaking penis being shown to everybody?’ I didn’t really have a choice,” Mr. Elden said to GQ Australia.
Mabie confirmed that his parents never gave any consent for how the images would be used, nor of course, did baby Eden.
Eden is also upset that he never maid much from the album cover despite being the main feature, while Nirvana and co. made huge amounts of money over the years:
“Everyone involved in the album has tons and tons of money,” he said. “I’m living in my mum’s house and driving a Honda Civic.
“It’s hard not to get upset when you hear how much money was involved,” he said.
“[When] I go to a baseball game and think about it: ‘Man, everybody at this baseball game has probably seen my little baby penis.’ I feel like I got part of my human rights revoked.”
At the time the photograph was taken, Weddle paid Elden’s parents a mere $200 for the picture.
Album designer Robert Fisher also recalls how the band had discussed back then the problem of a baby’s genitals being on full display:
Fisher was aware that the baby’s exposed penis could be an issue and he made a note for the band and record executives that said: “If anyone has a problem with his dick we can remove it.”
Cobain also realised there could be an issue with the nudity and suggested they could cover the baby’s genitals if they had to.
“We prepared to alleviate that problem if anyone were to freak out about it by putting a sticker on it saying, ‘If you are offended by this, you must be a closet paedophile,’” Cobain told Hot Metal in 1991.
The case won’t be straightforward, as the court has to decide if the album cover “constitutes a lascivious exhibition of the genitals,” and thus child pornography.
Let’s see where this goes…
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