Almost 30 years after the picture was used, Spencer Elden sues the band for the use of his image alleging sexual exploitation.
The Nevermind album cover depicts Elden as a four month old swimming in a pool reaching out for a dollar bill being dangled in front of him on a fishing line. Elden claims that his parents never gave permission for the image to be used, and also claims that the nude image constitutes child pornography.
The photograph itself is not sexual, and therefore is not considered child pornography under US law, however Robert Y. Lewis, Elden’s lawyer argues that the inclusion of the superimposed dollar bill makes Elden appear as a sex worker.
There are also claims that the band promised to cover Elden’s genitals with a sticker, but this agreement was not upheld.
Elden is asking each defendant for at least $150,000 (or £109,000) adding up to a total of $2,250,000 (or £1,635,000). The 15 defendants include the living band members Dave Grohl and Krist Novoselic, the managers of Kurt Cobain’s estate, Courtney Love (Cobain’s former wife), and photographer Kirk Weddle.
In 2008 Elden’s father spoke about the photoshoot saying that he was offered $200 by Weddle who was a family friend. They had forgotten about the picture until they saw it as the cover for the band’s album.
Before this lawsuit, Elden has been quite inconsistent with his opinions on the cover. In 2016 he told Time Magazine that he got rather upset about his notoriety due to the cover. Especially considering how much money was made from it and that he didn’t receive a penny. But then, just a few years ago he told The Guardian that “It’s always been a positive thing and opened doors for me.”
This inconsistency makes one wonder, is he really hurt and upset by the use of his image, or thirty years later has he just seen an opportunity to make a lot of money?
