Man photographed as baby on 'Nevermind' cover sues Nirvana, alleging child pornography

[Cerveza Fria]

Man photographed as baby on 'Nevermind' cover sues Nirvana, alleging child pornography

Article appears here: https://www.nbcnews.com/pop-culture/...raphy-n1277578

I purposefully did not include picture of album cover because I did not want to get accused of putting child pornography on this forum, and because the Plaintiff is now saying the picture was taken without his or a Guardian's consent. Did not want to incur any liability for me or for Druff.

The man who was photographed naked underwater as a baby and later ended up on Nirvana's iconic "Nevermind" album cover filed a lawsuit Tuesday alleging that he was a victim of child pornography.

The album cover shows Spencer Elden, now 30, in a swimming pool as a then-infant with his penis exposed.

The image used for the cover of Nirvana's sophomore 1991 album includes a digital imposition of a dollar bill on a fishhook that the baby looks like he is trying to grab. The cover was widely considered a rebuke of capitalism.

Non-sexualized nude photos of infants are generally not considered child pornography under law. But Elden's lawyer, Robert Y. Lewis, alleges that the inclusion of currency in the shot makes the baby appear "like a sex worker."

Kurt Cobain "chose the image depicting Spencer—like a sex worker— grabbing for a dollar bill that is positioned dangling from a fishhook in front of his nude body with his penis explicitly displayed," the suit, filed in the U.S. District Court's Central District of California, stated.

Elden is asking for at least $150,000 from each of the defendants, who include include surviving band members Dave Grohl and Krist Novoselic; Courtney Love, the executor of Kurt Cobain's estate; Guy Oseary and Heather Parry, managers of Cobain's estate; photographer Kirk Weddle; art director Robert Fisher; and a number of existing or defunct record companies that released or distributed the album in the last three decades.

Original Nirvana drummer Chad Channing is also named as a defendant, even though he had been replaced by Grohl in 1990, before the album was recorded or the cover photography shot.

Entertainment Weekly reported in 1992 that Elden, at 4 months old, was cast for the shoot along with three other babies. Cobain commissioned the shoot after he had seen a documentary on babies being born underwater and “thought the image would make a cool cover," Fisher told the magazine at the time. "That vision was a bit too graphic, so we went with the swimming baby instead.”

Weddle took the pictures in an Olympic size pool at the Pasadena Aquatic Center in California.

"Weddle took a series of sexually graphic nude photographs of Spencer," the suit said. "To ensure the album cover would trigger a visceral sexual response from the viewer, Weddle activated Spencer’s ‘gag reflex’ before throwing him underwater in poses highlighting and emphasizing Spencer’s exposed genitals."

"Weddle produced these sexually graphic images with the goal of enhancing and increasing the commercial success of Nirvana, L.L.C.’s Nevermind album."

The album was selling about 300,000 copies a week when it reached number one on the U.S. Billboard 200 in early 1992. The album, with classics “Smells Like Teen Spirit” and “Come as You Are,” has spent at least 335 total weeks on the Billboard 200.

The cover image did receive pushback, at which point Cobain agreed to release the album with a sticker over Elden's genitals that said: "If you’re offended by this, you must be a closet pedophile."

"The sticker, however, was never incorporated into the album cover," the lawsuit said.

Interesting case isn't it?

[gut]

I purposefully did not include picture of album cover because I did not want to get accused of putting child pornography on this forum, and because the Plaintiff is now saying the picture was taken without his or a Guardian's consent. Did not want to incur any liability for me or for Druff.

That just made me laugh, as with the age range of the forum, I'm sure almost everyone (except PLOP obviously) knows that album cover, and most probably owned it.

IMO, silly lawsuit. However, it seems like it might have some weight being that he was a hired "actor", which surprises me. Usually using babies in something like that tend to just be someone in the bands baby, or someone associated with the band or etc.

What do the lawyers here think? Smallish settlement is my guess.

[Jayjami]

It’s not porn. There is nothing prurient about the pic in any manner. Know you’ll all going to have to look that word up lol.

[Cerveza Fria]

I purposefully did not include picture of album cover because I did not want to get accused of putting child pornography on this forum, and because the Plaintiff is now saying the picture was taken without his or a Guardian's consent. Did not want to incur any liability for me or for Druff.

That just made me laugh, as with the age range of the forum, I'm sure almost everyone (except PLOP obviously) knows that album cover, and most probably owned it.

IMO, silly lawsuit. However, it seems like it might have some weight being that he was a hired "actor", which surprises me. Usually using babies in something like that tend to just be someone in the bands baby, or someone associated with the band or etc.

What do the lawyers here think? Smallish settlement is my guess.

Obviously it's a money grab. Will be settled out of court for minimal amount because it will be less than the cost to defend.

[Walter Sobchak]

Not only is it bullshit, his parents consented and were paid. And he used to brag about it in college and said it helped him with girls. Cheap and ridiculous ploy for cash.

[gut]

Not only is it bullshit, his parents consented and were paid. And he used to brag about it in college and said it helped him with girls. Cheap and ridiculous ploy for cash.

Thank you. I didn't click the original link until now, assumed CF has pasted the whole article. But I thought in the back of my head "didnt I see something about this dude recreating it as an adult". Thought maybe I was mixing him up with someone else from that era, where it seemed a lot of kids were being used on covers and in videos.

[TheXFactor]

It’s not porn. There is nothing prurient about the pic in any manner. Know you’ll all going to have to look that word up lol.

Apple has finished scanning all your photos and determined that you are a pedophile.

Please hold for the FBI.

[Cerveza Fria]

Not only is it bullshit, his parents consented and were paid. And he used to brag about it in college and said it helped him with girls. Cheap and ridiculous ploy for cash.

Do you think his line was ..."Want to see how much bigger it is now?"

[BlunderMaker]

Respect the hustle.

[Ryback_feed_me_more]

Man photographed as baby on 'Nevermind' cover sues Nirvana, alleging child pornography

Article appears here: https://www.nbcnews.com/pop-culture/...raphy-n1277578

I purposefully did not include picture of album cover because I did not want to get accused of putting child pornography on this forum, and because the Plaintiff is now saying the picture was taken without his or a Guardian's consent. Did not want to incur any liability for me or for Druff.

The man who was photographed naked underwater as a baby and later ended up on Nirvana's iconic "Nevermind" album cover filed a lawsuit Tuesday alleging that he was a victim of child pornography.

The album cover shows Spencer Elden, now 30, in a swimming pool as a then-infant with his penis exposed.

The image used for the cover of Nirvana's sophomore 1991 album includes a digital imposition of a dollar bill on a fishhook that the baby looks like he is trying to grab. The cover was widely considered a rebuke of capitalism.

Non-sexualized nude photos of infants are generally not considered child pornography under law. But Elden's lawyer, Robert Y. Lewis, alleges that the inclusion of currency in the shot makes the baby appear "like a sex worker."

Kurt Cobain "chose the image depicting Spencer—like a sex worker— grabbing for a dollar bill that is positioned dangling from a fishhook in front of his nude body with his penis explicitly displayed," the suit, filed in the U.S. District Court's Central District of California, stated.

Elden is asking for at least $150,000 from each of the defendants, who include include surviving band members Dave Grohl and Krist Novoselic; Courtney Love, the executor of Kurt Cobain's estate; Guy Oseary and Heather Parry, managers of Cobain's estate; photographer Kirk Weddle; art director Robert Fisher; and a number of existing or defunct record companies that released or distributed the album in the last three decades.

Original Nirvana drummer Chad Channing is also named as a defendant, even though he had been replaced by Grohl in 1990, before the album was recorded or the cover photography shot.

Entertainment Weekly reported in 1992 that Elden, at 4 months old, was cast for the shoot along with three other babies. Cobain commissioned the shoot after he had seen a documentary on babies being born underwater and “thought the image would make a cool cover," Fisher told the magazine at the time. "That vision was a bit too graphic, so we went with the swimming baby instead.”

Weddle took the pictures in an Olympic size pool at the Pasadena Aquatic Center in California.

"Weddle took a series of sexually graphic nude photographs of Spencer," the suit said. "To ensure the album cover would trigger a visceral sexual response from the viewer, Weddle activated Spencer’s ‘gag reflex’ before throwing him underwater in poses highlighting and emphasizing Spencer’s exposed genitals."

"Weddle produced these sexually graphic images with the goal of enhancing and increasing the commercial success of Nirvana, L.L.C.’s Nevermind album."

The album was selling about 300,000 copies a week when it reached number one on the U.S. Billboard 200 in early 1992. The album, with classics “Smells Like Teen Spirit” and “Come as You Are,” has spent at least 335 total weeks on the Billboard 200.

The cover image did receive pushback, at which point Cobain agreed to release the album with a sticker over Elden's genitals that said: "If you’re offended by this, you must be a closet pedophile."

"The sticker, however, was never incorporated into the album cover," the lawsuit said.

Interesting case isn't it?

This is the most absurd bunch of bullshit legally since Postles lawsuit.. GMAFB child porn?? Worried his baby penis being shown scared him for life.. JFC why do I have a feeling this guy has rainbow colored hair and uses they them as his pronouns and cant decide if hes male female or even a different species at times.. What a moron plain and simple.. and whoever the lawyer is that took this case needs to be looked at by the state bar for just taking this case.. He doesnt need a lawyer he needs a fucking shrink..

[Kalam]

Man photographed as baby on 'Nevermind' cover sues Nirvana, alleging child pornography

Article appears here: https://www.nbcnews.com/pop-culture/...raphy-n1277578

I purposefully did not include picture of album cover because I did not want to get accused of putting child pornography on this forum, and because the Plaintiff is now saying the picture was taken without his or a Guardian's consent. Did not want to incur any liability for me or for Druff.

The man who was photographed naked underwater as a baby and later ended up on Nirvana's iconic "Nevermind" album cover filed a lawsuit Tuesday alleging that he was a victim of child pornography.

The album cover shows Spencer Elden, now 30, in a swimming pool as a then-infant with his penis exposed.

The image used for the cover of Nirvana's sophomore 1991 album includes a digital imposition of a dollar bill on a fishhook that the baby looks like he is trying to grab. The cover was widely considered a rebuke of capitalism.

Non-sexualized nude photos of infants are generally not considered child pornography under law. But Elden's lawyer, Robert Y. Lewis, alleges that the inclusion of currency in the shot makes the baby appear "like a sex worker."

Kurt Cobain "chose the image depicting Spencer—like a sex worker— grabbing for a dollar bill that is positioned dangling from a fishhook in front of his nude body with his penis explicitly displayed," the suit, filed in the U.S. District Court's Central District of California, stated.

Elden is asking for at least $150,000 from each of the defendants, who include include surviving band members Dave Grohl and Krist Novoselic; Courtney Love, the executor of Kurt Cobain's estate; Guy Oseary and Heather Parry, managers of Cobain's estate; photographer Kirk Weddle; art director Robert Fisher; and a number of existing or defunct record companies that released or distributed the album in the last three decades.

Original Nirvana drummer Chad Channing is also named as a defendant, even though he had been replaced by Grohl in 1990, before the album was recorded or the cover photography shot.

Entertainment Weekly reported in 1992 that Elden, at 4 months old, was cast for the shoot along with three other babies. Cobain commissioned the shoot after he had seen a documentary on babies being born underwater and “thought the image would make a cool cover," Fisher told the magazine at the time. "That vision was a bit too graphic, so we went with the swimming baby instead.”

Weddle took the pictures in an Olympic size pool at the Pasadena Aquatic Center in California.

"Weddle took a series of sexually graphic nude photographs of Spencer," the suit said. "To ensure the album cover would trigger a visceral sexual response from the viewer, Weddle activated Spencer’s ‘gag reflex’ before throwing him underwater in poses highlighting and emphasizing Spencer’s exposed genitals."

"Weddle produced these sexually graphic images with the goal of enhancing and increasing the commercial success of Nirvana, L.L.C.’s Nevermind album."

The album was selling about 300,000 copies a week when it reached number one on the U.S. Billboard 200 in early 1992. The album, with classics “Smells Like Teen Spirit” and “Come as You Are,” has spent at least 335 total weeks on the Billboard 200.

The cover image did receive pushback, at which point Cobain agreed to release the album with a sticker over Elden's genitals that said: "If you’re offended by this, you must be a closet pedophile."

"The sticker, however, was never incorporated into the album cover," the lawsuit said.

Interesting case isn't it?

This is the most absurd bunch of bullshit legally since Postles lawsuit.. GMAFB child porn?? Worried his baby penis being shown scared him for life.. JFC why do I have a feeling this guy has rainbow colored hair and uses they them as his pronouns and cant decide if hes male female or even a different species at times.. What a moron plain and simple.. and whoever the lawyer is that took this case needs to be looked at by the state bar for just taking this case.. He doesnt need a lawyer he needs a fucking shrink..

Meh. I think you are projecting. I think some lawyer thought this up and approached him with an offer to make some serious life altering money, and told him all it would cost is his dignity. And he said ok and here we are.

[sonatine]

this literally is happening because he reached out to the surviving members of nirvana a few weeks ago to 'take part in his art project' and he couldnt make it through the gauntlet of managers and handlers.

[dwai]

[Dan Druff]

Apparently some years ago he retook a similar picture in a pool, so it's hard to say that this is something he's always hated.

Funny how his parents only got $200 for him to be the baby model of such a major album (unless he's lying about that).

Reminds me of the story of the little boy on the beach in the Hawaii Five-O theme song. Some dudes came up to him on the beach in 1968 and said they'd give him $5 to take footage of him standing there. He was like 7 years old and said okay, especially given that $5 then was worth about $40 today.

Then in the fall, kids in his class started making fun of him for being the kid in the theme song (you'd have thought he'd have gotten more popular from this), and he realized that was why he was paid $5. His parents were never consulted about it, either. In a 1990s article, he claimed to resent the whole thing (but he never asked for any money, to my knowledge).

[country978]

I don't see this as porn either. I'm sure something like this will never happen again considering everyone is all up in arms over nothing half the time.

[shoeshine box]

I am Sure the lackeys on Set that day insisted on Legal guardian/parent signing a release making this a frivolous lawsuit iMo....

[Walter Sobchak]

Apparently some years ago he retook a similar picture in a pool, so it's hard to say that this is something he's always hated.

Funny how his parents only got $200 for him to be the baby model of such a major album (unless he's lying about that).

Reminds me of the story of the little boy on the beach in the Hawaii Five-O theme song. Some dudes came up to him on the beach in 1968 and said they'd give him $5 to take footage of him standing there. He was like 7 years old and said okay, especially given that $5 then was worth about $40 today.

Then in the fall, kids in his class started making fun of him for being the kid in the theme song (you'd have thought he'd have gotten more popular from this), and he realized that was why he was paid $5. His parents were never consulted about it, either. In a 1990s article, he claimed to resent the whole thing (but he never asked for any money, to my knowledge).

Extort ‘em Dano.

[Ryback_feed_me_more]

Prediction idiot plantiff ends up ironically at the bottom of a pool with cement shoes and his dick hanging out with a dollar bill stuffed in his mouth. (Ok thats weird but hey fucking with powerful people has proven fatal for some)

[Crowe Diddly]

Funny how his parents only got $200 for him to be the baby model of such a major album (unless he's lying about that).

Only weird in hindsight.
There was no inkling this was a major album when the deal was done. They were an obscure indie rock band from Washington state. Bleach wasn't even halfway to being a gold record before Nevermind came out. There was no way anyone expected the record to become anything at all, nevermind it becoming a classic album to that would hit platinum many many times over.

[sonatine]

Funny how his parents only got $200 for him to be the baby model of such a major album (unless he's lying about that).

Only weird in hindsight.
There was no inkling this was a major album when the deal was done. They were an obscure indie rock band from Washington state. Bleach wasn't even halfway to being a gold record before Nevermind came out.

the current level headed take du jour is that this guys a fucking life loser whose been living in the shadow of that album cover his whole life and grohl should just cough up a mil for him because youre fucking rich enough grohl, jesus.