Nirvana Baby Sues Band, Estate: Sexual Exploitation

UPDATE: September 2022:

Elden attempted to sue former band members Krist Novoselic, Chad Channing, David Grohl and Robert Fisher; the estate of Kurt Cobain; his widow Courtney Love and others for $150,000 each.

United States dDstrict Judge Fernando M. Olguin ruled dismissed the case, ruling that Elden had waited too long to file the lawsuit given that he had learned about the album cover more than 10 years ago.

Story--

What are your thoughts about this one?

I'm over here like WOW! You gotta be joking, right?

WRONG!

Dude is serious AF.

The baby on the Nirvana “Nevermind” album -yep that album, from 1991, is all grown up and apparently feels the naked pic from almost 30-years ago sexually exploited him. Now he’s suing for a nice chunk of money.

Spencer Elden...the now grown (but apparently none too matured) baby (did anyone except diehard Nirvana fans know the baby’s name?) sued the surviving members of the band and the Nirvana estate in a Los Angeles court.

How Did Nirvana Come Across the Photo?

Photographer Kenneth Weddle and Elden’s father Rick was good friends. Weddle called him one day, asked if he wanted to make $200 and “throw your kid in the drink,” according to an NPR interview from 2008.

Elden revealed that he had recently become unhappy about the Nevermind artwork. “It’s fucked up,” he said. “I’m pissed off about it, to be honest.”

Elden Alleges Sexual Exploitation

30 years ago and Elden finally decides the photo sexually exploited him? Sounds like somebody wants their five minutes of fame and a little more cash at the band members' and estate’s expense. I personally think the victims of frivolous lawsuits should automatically receive compensation from the person who made the claim.

TMZ reported that Elden filed a federal lawsuit claiming that he could not consent to his image being used because he was a baby -only 4-months-old at the time. Elden further claims his parents did not consent to usage of the photo, either.

He’s also suing for distribution of private sexually explicit materials, negligence, and what’s described as a “sex trafficking venture” where Elden “was forced to engage in commercial sexual acts while under the age of 18 years old.”

Promised a “Sticker” on the Album Cover

Elden claims the naked image of him is child pornography and says the band promised to cover his genitals with a sticker on the album cover.

The image on the album cover, Elden says, has caused him lifelong stress and damages and felt that he was sexually exploited.

From the lawsuit:

“The permanent harm he has proximately suffered includes but is not limited to extreme and permanent emotional distress with physical manifestations, interference with his normal development and educational progress, lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at trial of this matter.”

Hold Up...Wait a Minute…

Wait...how did they not consent to the use of the photo, but at the same time, were still promised that his genitals would be covered? Maybe I am confused but that doesn’t really make sense.

We also cannot forget this 2006 interview Elden gave to Time Magazine. He told the magazine he had met with two band members but two other members never met with him. He discussed how Nirvana made money and became famous but he drove a Honda Civic.

He's recreated the photoshoot many times and has a "Nevermind" tattoo on his chest. He did say during the interview, “I got a little upset for a bit,” he says. “I was trying to reach out to these people. I never met anybody. I didn’t get a call or email. I just woke up already being a part of this huge project. It’s pretty difficult—you feel like you’re famous for nothing, but you didn’t really do anything but their album.”

When Nirvana became Seattle’s best thing, why did the Mr. and Mrs. not file a lawsuit, contact a news outlet, talk to a police officer, or in some form or fashion object to the album cover and photo?

If the photo bothered him and affected his life this badly, perhaps he should go after his parents. I would bet money that Nirvana had permission to use the photo on the album cover (legal reps are pretty good at their jobs) since in 2008 Mr. Weddle said he paid $200 for the image.

Guess I will need to wait for more details on this lawsuit to get those answers but right now, I am thoroughly confused.

And I hope the judge laughs his ass right out of court. Ridiculous.