Whether the viewer knows his identity is immaterial to Spencer’s painful awareness that it is him on the album cover for the entire world to see on merchandise, digital media and advertisements. The notion that Spencer brought recognition on himself is simply victim-blaming. In recreating the "Nevermind" photo as an adult, Spencer had no understanding of how it would affect him in future years. Supreme Court recognizes that inherently innocent children deserve greater protections than adults. There is a clear violation of Spencer’s privacy, dignity and well-being. The U.S. A California judge on Monday tossed a lawsuit filed against Nirvana by the man who appeared as a naked baby on the cover of their breakthrough album Nevermind. The resulting image prominently accentuated a baby’s genitalia, and then the creators added a menacing fishhook and sexually provocative cash, to sell the image and create worldwide fame for a band that shot to stardom.
In Spencer’s case, adults gagged him, submerged him underwater and took close-up pictures of his genitals. It is among the best-known album covers in rock."Nevermind" includes a disturbing song that describes the abduction and rape of a child from the rapist’s perspective. 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.
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