The famous nude baby, who was photographed for the cover Nirvana's Nevermind album, is now all grown up. He is suing the band alleging that the image violates child pornography laws. Variety reports that Spencer Elden, now 30, seeks $150,000 from 17 defendants, including record executives and Nirvana members. Courtney Love is the ex-wife and executor of Kurt Cobains' estate.
Variety obtained a copy of the lawsuit. It claims that Elden was knowingly exploited by the defendants to boost sales and increase attention.
The lawsuit states that the defendants intentionally commercially promoted Spencer's child pornography and used the shocking nature his image to promote their music and themselves at his expense. Child pornography featuring Spencer was used by defendants as part of a record promotion scheme that is commonly used in the music industry to attract attention. Album covers were posed in a provocative way to gain media attention and drive sales.
According to the lawsuit, Elden will continue to suffer from lifelong injuries.
According to the lawsuit, Elden's parents received $200 for the photograph, but they never signed a release authorizing its usage. According to Variety, Elden expressed mixed feelings about the photo in past interviews. However, he never called it pornographic. He does however celebrate its existence. He has a Nevermind tattoo across his chest. Elden also recreated the pose several times (always in a swimsuit) to celebrate the major albums anniversaries.