Nevermind album cover baby refiles lawsuit against rock band Nirvana

The man who starred as a naked baby on the cover of Nirvana’s Nevermind album in 1991 has refiled his lawsuit against the rock band.

Lawyers acting on Spencer Elden’s behalf said members of the band “exploited the lascivious nature of his image” to promote their famous album.

Mr. Elden was four months old when he was photographed in a swimming pool at a swim center in Pasadena, California.

The 30-year-old claims the image the group uses on their world-famous album is child pornography as it shows his genitals.

But the lawsuit previously filed by Mr Elden’s lawyers was dismissed by a US judge earlier this month.

Mr. Elden has been given until January 13 to pursue the case and file a second amended complaint.

Documents obtained by the PA news agency and filed on January 11 claimed Mr Elden would “continue to suffer harm as long as the violations described above continue”.

“During the 10 years prior to the filing of this lawsuit, each defendant intentionally commercially marketed the child pornography portrayed by Spencer and used the lascivious nature of his image to promote the Nevermind album, the band and the music of Nirvana while he was at least earned. tens of millions of dollars in total,” the lawsuit reads.

In the original lawsuit, filed in August 2021, attorneys alleged that Nirvana “failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking.” These allegations have now been dropped.

On the original album cover, Mr. Elden was shown naked underwater while appearing to follow a dollar bill being dragged on a fishing hook. The image has become one of the most iconic album covers of all time.

Mr Elden is seeking to sue the group, the photographer who took the picture, their record label and individual members, including the estate of the late Nirvana frontman Kurt Cobain, over the picture and its use.

The album Nevermind, fueled by singles like Smells Like Teen Spirit, Come As You Are and Lithium, was an enormous critical and commercial success, propelling the grunge band to worldwide fame.

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