GOOD NEWS: Kurt Cobain Album before he died now out titled…..

Why the Baby on Nirvana’s ‘Nevermind’ Album Is Suing Now

Spencer Elden, 30, says Nirvana engaged in child pornography when the band used a picture of him naked on the cover of the breakthrough album.

Spencer Elden was 4 months old when he was photographed by a family friend in 1991 drifting naked in a pool.

The picture, taken at the Rose Bowl Aquatics Center in Pasadena, Calif., would be used that year for the cover of “Nevermind,” Nirvana’s seminal second album that helped define Generation X and rocketed the Seattle band to international fame.

In the decades that followed, Mr. Elden appeared to celebrate his part in the classic cover, recreating the moment for the album’s 10th, 17th, 20th and 25th anniversaries, though not naked.

“It’s cool but weird to be part of something so important that I don’t even remember,” he said in 2016 in an interview with The New York Post, in which he posed holding the album cover at 25.

Now, however, Mr. Elden, 30, has filed a federal lawsuit against the estate of Kurt Cobain, the musician’s former bandmates, David Grohl and Krist Novoselic, and Mr. Cobain’s widow, Courtney Love, among other parties. He claimed that they, along with Geffen Records, which released “Nevermind,” profited from his naked image. It is one of the best-selling records of all time, with at least 30 million copies sold worldwide.

“Defendants knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so,” according to the lawsuit, which was filed on Tuesday in federal court in California.

Mr. Elden suffered “permanent harm” because of his association with the album, including emotional distress and a “lifelong loss of income-earning capacity.” The lawsuit did not provide details about the losses and said they would be disclosed at trial.

Mr. Elden, an artist living in Los Angeles County, has gone to therapy for years to work through how the album cover affected him, said Maggie Mabie, one of his lawyers.

“He hasn’t met anyone who hasn’t seen his genitalia,” she said. “It’s a constant reminder that he has no privacy. His privacy is worthless to the world.”

The lawsuit said that Mr. Elden is seeking $150,000 from each of the 15 people and companies named in the complaint, including Kirk Weddle, the photographer who took the picture. Mr. Weddle did not respond to messages requesting comment.

The photo of Mr. Elden was picked from among dozens of pictures of babies Mr. Weddle photographed for the album cover, which Mr. Cobain envisioned showing a baby underwater.

Mr. Weddle paid Mr. Elden’s parents $200 for the picture, which was later altered to show the baby chasing a dollar, dangling from a fishhook.

“They were trying to create controversy because controversy sells,” Ms. Mabie said. “The point was not just to create a menacing image but to cross the line and they did so in a way that exposed Spencer so that they could profit off of it.”

She said her client sometimes agreed when the band, media outlets and fans asked him to recreate the photo as an adult, but he eventually realized that this only resulted in the “image of him as a baby being further exploited.”

The representatives for Mr. Cobain’s estate did not immediately respond to a message seeking comment. Representatives for Mr. Grohl, Ms. Love, and Geffen Records, which is now part of Universal Music Group, did not respond to messages.

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