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Dave Grohl had a brutal response to Nirvana baby filing a lawsuit against the band

Home> Entertainment> Music

Updated 13:29 5 Sep 2024 GMT+1Published 14:24 4 Sep 2024 GMT+1

Dave Grohl had a brutal response to Nirvana baby filing a lawsuit against the band

Spencer Elden, now 33, sought damages over his appearance on the cover of Nirvana's Nevermind album

Bec Oakes

Bec Oakes

Nirvana's Nevermind is one of the most recognisable album covers of all time.

The iconic shot features a naked baby swimming towards a dollar bill on a fishing line against a background of vibrant blue water.

The baby on the cover is Spencer Elden, who is now 33 years old. As a tot, he was dunked into a California swimming pool by his father, who was paid $200 (£152) for the snap.

Not a lot for an image that has gone down in music history, it must be said.

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In 2021, Elden tried to sue Nirvana for child pornography, claiming he wasn't able to consent to the picture being used for the album cover. He sought £130,000 in damages.

The baby behind Nirvana's iconic Nevermind cover tried to sue the band for child pornography (Universal)
The baby behind Nirvana's iconic Nevermind cover tried to sue the band for child pornography (Universal)

The lawsuit against the band initially failed, with a judge dismissing the case back in 2022, largely due to the statute of limitations on the case running out.

In court documents obtained by Billboard, the judge wrote: "Because it is undisputed that plaintiff did not file his complaint within ten years after he discovered a violation that could form the basis for his [child pornography] claim, the court concludes that his claim is untimely."

However, late last year, the 9th US Circuit Court of Appeals overturned the ruling that he'd waited too long to bring his case against the band.

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They found that Elden could still sue over more recent replications of the cover, including a re-released version of the album in 2021.

His lawyer Robert Lewis said his client was 'very pleased with the decision and looks forward to having his day in court.'

Drummer Dave Grohl had a brutal response to Elden's claims (Axelle/Bauer-Griffin/FilmMagic)
Drummer Dave Grohl had a brutal response to Elden's claims (Axelle/Bauer-Griffin/FilmMagic)

Elden had previously claimed the 1991 artwork led him to experience 'extreme and permanent emotional distress' and had 'interfered with his normal development and educational progress.'

But speaking to The Guardian back in 2015, he said: "It’s always been a positive thing and opened doors for me."

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Then, a year later, he told GQ Australia that he’d grown to become 'p***ed off' with the cover, describing the use of his image as 'f***ed up.'

As for what Nirvana drummer Dave Grohl had to say about the whole thing, his response was pretty brutal.

Speaking to Vulture, the 55-year-old said: "I don’t know that I can speak on it because I haven’t spent too much time thinking about it.

"I feel the same way most people do in that I have to disagree. That’s all I’ll say."

He also referenced the fact that Elden has recreated the cover a number of times over the years, adding: "Listen, he’s got a Nevermind tattoo. I don’t." Ouch.

Featured Image Credit: Axelle/Bauer-Griffin/FilmMagic/Universal

Topics: Entertainment, Music, Dave Grohl

Bec Oakes
Bec Oakes

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