… Despite this knowledge, defendants failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking. Spencer Elden will not have his revenge on Nirvana. In a complaint filed in the Los Angeles federal court, Elden alleges his 'identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor, which has been distributed and sold worldwide from the time he was a baby to the present day.'Īccording to the suit, the defendants 'knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so. In a lawsuit filed Tuesday, Spencer Elden, now 30, alleges the band violated federal child pornography laws and claims that his parents never signed a release allowing Nirvana to use the photo, CBS Los Angeles reports. The cover of Nevermind, on which the infant Elden appeared, swimming underwater, his eyes fixed on a dollar bill, has become one of the most enduring images in rock music. The cover of Nirvana’s Nevermind a nude infant swimming in a pool chasing after a dollar attached to a fishhook was long interpreted as an edgy critique of greed and capitalism. 'Most child pornography is traded well into the victim's adulthood,' attorney Margaret Mabie said via email. 'It's past time to finally put an end to the child exploitation and violation of privacy our client has endured for his entire life,' they wrote.The man who, as a baby, was featured on the cover of Nirvana's 'Nevermind' album is suing the former band members, the estate of Kurt Cobain and several others over the famous naked photograph. A lawsuit over Nirvana's 'Nevermind' baby album cover has been dismissed. A judge in Los Angeles has dismissed a lawsuit filed by Spencer Elden, the naked child whose picture. In November, Elden's legal team released a statement in response to the album's 30th anniversary, when the cover was rereleased. The man who as a baby appeared nude on Nirvana's 'Nevermind' album cover filed a new version of his lawsuit alleging that the image is child pornography. Judge Dismisses Lawsuit Over Nirvanas Nevermind Cover. 'Elden has spent three decades profiting from his celebrity as the self-anointed 'Nirvana Baby.' He has re-enacted the photograph in exchange for a fee, many times he has had the album title Nevermind tattooed across his chest he has appeared on a talk show wearing a self-parodying, nude-colored onesie he has autographed copies of the album cover for sale on eBay and he has used the connection to try to pick up women,' the defendants say. Nirvana has won the dismissal of a lawsuit by a man who claimed his depiction as a naked four-month-old baby on the cover of the band's seminal 1991 album 'Nevermind' was child pornography. In their motion to dismiss the lawsuit, the defendants say Elden profited from being on the album cover as a baby and has benefited from it as an adult.

We are confident that Spencer will be allowed to move forward with the case,' Marsh Law, the firm that represents Elden, said in a statement. 'In accordance with the court's order we will be filing a Second Amended Complaint very soon. If the defendants file another motion to dismiss, both sides will meet on Jan. Olguin of the Central District Court in California said Elden and his legal team have until Jan.

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