‘Nirvana’s Baby’ Files New Child Porn Lawsuit

AFP

Spancer Elden, the man who appears naked as a baby on Nirvana’s iconic “Nevermind” album cover, has filed a new child pornography lawsuit in Los Angeles, resuming the case after a judge dismissed the first lawsuit for procedural flaws.

In late August 2021, Elden, who is now 30 years old, filed a complaint arguing that neither he nor his parents had authorized the use of his image, “let alone for the commercial exploitation of his person with images of child pornography”. .

A federal provision allows victims of child pornography to claim compensation from anyone who produces, distributes or possesses their images.

The Los Angeles judge dismissed the case, without evaluating the merits, on January 3, as Elden did not respond in time to arguments presented by Nirvana’s lawyers. However, the judge allowed him to file a new complaint within ten days, which he did on Wednesday (12).

The cover of “Nevermind” (1991) shows four-month-old Spancer Elden, swimming naked in a pool, apparently reaching for a dollar bill on a hook.

With classic themes like “Smells Like Teen Spirit”, the album sold over 30 million copies and became a reference for alternative rock.

Elden, who says he never received any economic compensation for the photo, is now seeking $150,000 in damages. The lawsuit is filed against 17 people, including former band members and Kurt Cobain’s widow Courtney Love.

In their response to the original complaint, defense attorneys argued that, among other things, “Elden spent three decades enjoying his fame as the self-proclaimed ‘baby of Nirvana’.”

“He reshot the photo in exchange for money on several occasions; he has the album’s title tattooed on his chest. […], signed copies of the album cover to sell them on [site de leilões] eBay and used the link [com o Nirvana] to try to date women”, they pointed out.