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Peterson/The LIFE Images Collection via Getty Images/Getty Images Nirvana: Dave Grohl, Kurt Cobain, & Krist Novoselic.Ĭharles J. The iconic Nevermind cover depicts a baby Elden floating underwater in a swimming pool with his then-infant genitalia exposed. You hold him up really close to your face. “You blow in the kid's face and it creates a gag reflex. Nirvana now being sued by Nevermind album cover baby He has celebrated the album in the past, but has grown upset about it as he got older Being on. Spencer’s dad Richard was actually a lifeguard, so he knew what he was doing: “There's tricks to it,” he told CNN in 2008. I was just born so they went down to the local pool and threw me in the drink.” The attorneys added: "The Nevermind cover was created at time when Spencer was a baby, and it is impossible for him to age out of this victimization while his image remains in distribution."īob Lewis, one of Elden's attorneys, argues that Elden will be victimized as long as the image on the album cover continues to be distributed.Spencer Elden was just four months old when he featured on Nirvnana's Nevermind cover.Įlden told Buzzfeed in 2011: “He called up my dad saying, ‘They’re paying me to take this picture of a baby underwater and I don’t have a baby’. Spencer Elden, famous for being the baby pictured in Nirvanas Nevermind album cover, filed a lawsuit this past Tuesday alleging that his picture. "Quite simply, under the statute and the caselaw the ongoing distribution of Spencer's child pornography on the Nevermind album cover repeatedly violates the baby depicted on the cover even though he is now all grown up," the statement said. Its statute of limitations expires after the victim turns 28. Spencer Elden, the person who portrayed the baby on the cover of Nirvanas iconic second album Nevermind, is suing the band for child pornography and. Masha's Law is a 2005 federal law that gives victims of child pornography the right to sue parties who produce, distribute, or possess such images and materials. Spencer Elden, now 30 years old, has sued Nirvana and the estate of Kurt Cobain for sexual exploitation and pornography. "This unprecedented interpretation of Masha's Law contravenes over fifteen years of well-settled precedent and the legislature's intended purpose of the law," Marsh Law Firm attorneys said in a statement. "They will embrace their accuser for some time"Īttorneys for Elden said the judge's ruling was made based on "a misunderstanding of the statute of limitations." Tributes: Former Nirvana band members Krist Novoselic, left, and Dave Grohl, centre, along with Nevermind producer Butch Vig pose in Los Angeles. A motion to dismiss the litigation was filed on behalf of Kurt Cobain’s estate and the surviving members of Nirvana in a California federal court Wednesday. "He has reenacted the photograph in exchange for a fee, many times he has had the album title 'Nevermind' tattooed across his chest he has appeared on a talk show wearing a self parodying, nude-colored onesie he has autographed copies of the album cover for sale on eBay and he has used the connection to try to pick up women," they said. He committed suicide in 1994 at the age of 27. The child pornography lawsuit filed by the grown-up naked baby featured on the cover of Nirvana’s album Nevermind smells like an absurd cash grab, lawyers for the band say.