He even admitted to the Post that he’d wanted to do the re-enactment nude! “The naked swimming baby from the cover of the groundbreaking Nirvana album ‘Nevermind’ re-enacted the image for the record’s 25th anniversary - this time wearing clothes,” the New York Post reported in 2016. While the allegations against Nirvana may sound convincing, there’s a glaring hole in them: Namely that Elden has been celebrating his depiction on the album cover for years.įive years ago, he even eagerly participated in a recreation of the cover. The result is that Elden has allegedly “suffered and will continue to suffer lifelong damages” that the suit claims could be rectified with a payment of $150,000 from each of the defendants. It was all part of a marketing plan “to gain notoriety, drive sales, and garner media attention, and critical reviews,” the suit continues. “To ensure the album cover would trigger a visceral sexual response from the viewer, (photographer Kirk) Weddle activated Spencer’s ‘gag reflex’ before throwing him underwater in poses highlighting and emphasizing Spencer’s exposed genitals,” the suit claims.

“Elden’s parents never signed a release authorizing the use of the photos taken of the four-month-old baby in a Pasadena aquatic center in 1990 and Elden received no compensation, lawyers for the plaintiff allege,” according to Deadline. They also reportedly never obtained his parents’ written permission and never even compensated him personally (it’s not clear how one would compensate a literal baby). “Despite this knowledge, defendants failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking,” the suit continues. In other words, it accuses them all of essentially being child pornographers.Įlden v. The suit accuses the defendants of having “knowingly produced, possessed, and advertised commercial child pornography depicting Spencer” and having “knowingly received value in exchange for doing so.” The suit was filed in a Los Angeles federal court on Tuesday against several defendants, including Nirvana LLC, its members, the estate of deceased lead singer Kurt Cobain, photographer Kirk Weddle, etc. Thanks Kurt, Krist, Dave, Butch and Sub Pop.

Boy from nirvana nevermind cover