The album cover depicts Elden underwater in a swimming pool as a then-infant with his genitalia exposed. “ calls us up and was like, ‘Hey Rick, wanna make 200 bucks and throw your kid in the drink,’” Rick said. Spencer Elden, the man whose unusual baby portrait was used for one of the most recognizable album covers of all time, Nirvana’s Nevermind, filed a lawsuit Tuesday alleging that the nude image constituted child pornography. In an interview with NPR back in 2008, Rick detailed how Spencer ended up on the album cover. The lawsuit also names photographer Kirk Weddle, a friend of Elden’s father Rick. The cover art, a naked baby underwater swimming towards a 20 bill, is about as recognizable as the opening riff.
#Nirvana nevermind cover no baby trial#
“The permanent harm he has proximately suffered includes but is not limited to extreme and permanent emotional distress with physical manifestations, interference with his normal development and educational progress, lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at trial of this matter,” the lawsuit states. Nirvanas iconic album Nevermind turns 30 next month. He is seeking damages and a trial by jury. The suit alleges that Elden has suffered “lifelong damages” because of the album cover. He also claims that his legal guardians did not sign a release authorizing the “use of any images of Spencer or of his likeness, and certainly not of commercial child pornography depicting him.” In federal lawsuit documents obtained by TMZ, Elden states that he could not consent to his image being used on the Nevermind cover as he was only 4-months-old. Elden claims child exploitation, arguing that Nirvana violated federal child pornography statutes. DecemNirvana in 1991 Paul Bergen/Redferns/Getty Images Nirvana ’s legal team has finally responded to the lawsuit filed by the Nevermind baby this past summer, writing in a response.