While Nirvana’s album cover may be one of the most iconic of all time, it ended up leading to a lawsuit.
I’m obviously talking about the 1991 release, Nevermind, which was the American rock band’s second album but first to feature Dave Grohl.
And the front of it, of course, shows a baby swimming naked underwater towards a dollar bill attached to a fishing hook.
Over the years, the photo has grown to be more and more controversial, with the man who was photographed as a baby going on to attempt to sue the band for distributing 'child pornography'.
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Spencer Elden was four months old when he was pictured naked for Nirvana’s album cover, as his parents were friends of the photographer. They were paid just $200 (roughly £150) for the photo, with the album ending up selling around 300,000 copies a week.
Unsurprisingly, given he was so young at the time, you probably wouldn’t recognise Elden if you saw him now.
Now in his 30s, he originally filed a lawsuit against both Nirvana and photographer Kirk Weddle, arguing that both his identity and name were ‘forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide’.
That was however, dismissed by US District Judge Fernando Olguin in 2022 as Elden had submitted it after the 10-year limit for filing a civil case.
This decision was overturned by an appeals court and the man was able to refile. However, the lawsuit still didn’t work out for him as a judge ruled in October this year that ‘neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct’.
Judge Olguin ruled that, beyond the fact that Elden was pictured as a naked baby, nothing came ‘close to bringing the image within the ambit of the child pornography statute’ and likened it to a family photo of a child bathing.
He also cited factors such as his parents being present for the photo shoot, Weddle being a friend and that Elden had previously ‘embraced and financially benefitted from being featured on the album cover’. Grohl even previously noted of him that ‘he’s got a Nevermind tattoo, I don’t’.
A lawyer for Nirvana said in response to the ruling: “We are delighted the court has ended this meritless case and freed our creative clients of the stigma of false allegations.”
Elden’s legal team however, said they ‘respectfully disagree’ with the decision, noting a plan to appeal.
James R Marsh, of the Marsh Law Firm, told Rolling Stone: “As long as the entertainment industry prioritises profits over childhood privacy, consent, and dignity, we will continue our pursuit for awareness and accountability.”
Topics: Music
Jess Battison