According to the BBC, 30-year-old Spencer Elden is claiming that the nude image of him as a four-month-old in swimming pool constitutes child pornography.
"The images exposed Spencer's intimate body part and lasciviously displayed Spencer's genitals from the time he was an infant to the present day," legal papers filed in California claim, and that he “has suffered and will continue to suffer lifelong damages" as a result of the artwork, including "extreme and permanent emotional distress."
Elden alleges his "true 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."
Non-sexualized photos of infants are generally not considered child pornography under US law.
Among the allegations outlined in the lawsuit are claims that the family was not compensated for the photo shoot; that his parents never signed a release authorizing the use of his image on the album; and, that the band failed to deliver on a promise to cover Elden's genitals with a sticker.
Elden’s suit seeks damages of at least $150,000 from each of the 15 named defendants, who include surviving band members Dave Grohl and Krist Novoselic; the managers of Kurt Cobain's estate; Cobain's former wife Courtney Love; and Weddle.
View the full legal filing here and learn more details via the BBC.
Elden has recreated the album cover several times as a teenager and adult - always wearing swimming trunks - to mark the project’s 10th, 20th and 25th anniversaries.
Featuring the hits “Smells Like Teen Spirit” and “Come As You Are”, Nirvana’s second album, “Nevermind”, served as the Seattle band’s commercial breakthrough and went on to sell more than 30 million copies worldwide, including 10 million in the US.
Earlier this year, “Smells Like Teen Spirit” passed one billion streams on Spotify; in 2019, the song’s video topped 1 billion views on YouTube.
Cobain died of a self-inflicted gunshot wound at his Seattle home on April 5, 1994; his body was discovered three days later by an electrician who had arrived to do some work on the property.
Nirvana were inducted into the 2014 Rock & Roll Hall Of Fame in 2014.
See also:
Nirvana classic Smells Like Teen Spirit passes 1 billion Spotify streams
Nirvana: Kurt Cobain MTV Unplugged guitar sets auction record
Nirvana: Kurt Cobain MTV Unplugged guitar headed to auction
Post Malone rocks Nirvana tribute for COVID-19 Relief
Search Foo Fighters at hennemusic
Search Nirvana at hennemusic
