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The “Nevermind” Baby Is Suing Nirvana Claiming The Album Art Is Child Pornography

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Do you know how that baby on the album cover of Nevermind by Nirvana looks like he’s reaching out for that dollar bill? Well, that baby, Spencer Elden (pictured above), is still reaching. Vulture reports that Spencer has filed a lawsuit “alleging that the nude image constituted child pornography,” and that “the inclusion of currency in the shot makes the baby appear ‘like a sex worker.’” Spencer is seeking damages of $150,000 from each of the 15 named defendants which includes Nirvana’s Dave Grohl and Krist Novoselic, Kurt Cobain‘s estate, Courtney Love as executor of said estate, as well as the photographer, art director, and “a number of existing or defunct record companies that released or distributed the album in the last three decades.” But at least we the public are off the hook. In 2016 when Spencer recreated the photo for the 5th time, he said he wanted $0.25 from everybody who’d ever seen his baby penis. So even if Spencer wins, we get to keep the quarter!

If you’d asked me an hour ago if I’d ever seen child pornography with my own eyes I’d say hell no. But according to Spencer, it used to come up on my iPod nano on the regular. Apple should pay all of us a quarter for making us complicit! According to The Washington Post:

Elden, who’s 30, on Tuesday filed a lawsuit in a Los Angeles federal court against a host of defendants tied to the album, alleging the cover is “sexual exploitation” that will hurt him — emotionally and physically — for the rest of his life.

The suit alleges that all were involved in making child pornography and benefited from “the sex-trafficking venture and Spencer’s exploitation” that was the distribution of “Nevermind.”

“[They] used child pornography depicting Spencer … in a sexually provocative manner to gain notoriety, drive sales, and garner media attention,” the lawsuit states. Elden is represented by Robert Y. Lewis, a New York-based attorney.

Vulture adds:

Says the lawsuit: “Weddle took a series of sexually graphic nude photographs of Spencer. 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.

Spencer claims that his parents never signed a release for the use of the image and that he’s never received any financial compensation. But Spencer’s dad, who is not named in the suit, made $200 for the shoot.

Elden’s dad, Rick, had become friends with Weddle when he was helping with sets and props on photo shoots. One day, Weddle telephoned with an unusual request concerning his 4-month-old son.

“[He] calls us up and was like, ‘Hey Rick, [want to] make 200 bucks and throw your kid in the drink?’” Rick Elden told NPR at the time. “And we just had a big party at the pool, and no one had any idea what was going on!”

Spencer has clearly been conflicted about his unusual claim to fame for many years, sometimes leveraging it, sometimes just sounding weirded out by the whole thing.

“But it’s always been a positive thing and opened doors for me.” – Spencer Elden 2015 pic.twitter.com/3nULgTr2tq

— Harper (@bastognekoekjes) August 25, 2021

Here he is in 2016 explaining what it’s like to know that millions of people have seen your baby penis.

Fun fact: If you say “baby penis” 3 times in a row while listening to Nevermind, Spencer appears and bums a smoke off you.

Pic: YouTube

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