"To ensure the album cover would trigger a visceral sexual response from the viewer, (photographer Kirk) Weddle activated Spencer's gag reflex' before throwing him underwater in poses highlighting and emphasizing Spencer's exposed genitals,'' the suit alleges. It is among the best-known album covers in rock. The cover of "Nevermind'' - released in 1991 by the Geffen/UMG label - depicts a naked baby swimming underwater, seemingly towards a fish hook with a dollar bill attached. Despite this knowledge, defendants failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking.''Įlden's parents never signed a release authorizing the use of the photos taken of the four-month-old baby in a Pasadena aquatic center in 1990 and Elden received no compensation, lawyers for the plaintiff allege. Messages seeking comment sent to the Universal Music Group and an attorney who represents Nirvana LLC were not immediately answered.Īccording to the suit, the defendants knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so. Spencer Elden, of Los Angeles, alleges that his identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide from the time he was a baby to the present day,'' according to the complaint filed in Los Angeles federal court. LOS ANGELES (CNS) - The 30-year-old man pictured as a naked baby on the cover of the multimillion-selling Nirvana album "Nevermind'' filed suit Tuesday in Los Angeles, alleging the former members of the grunge-rock trio, various record companies, art directors and others violated federal criminal child pornography laws and caused him lifelong suffering by "trafficking'' his image worldwide. The man whose naked baby picture was used for the cover of Nirvana's "Nevermind" album is suing the band, claiming the nude image from 1991 violated federal criminal child porn laws and caused him lifelong suffering by "trafficking'' his image worldwide.
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