FOG BLOG U.S. NEWS LOG: MAN WHO WAS BABY ON NIRVANA ALBUM 'NEVERMIND' SUES BAND OVER IMAGE:
Man photographed as baby on 'Nevermind' cover sues Nirvana, alleging child pornography
The shot makes the baby appear "like a sex worker," an attorney for Spencer Elden, the man depicted on cover as an infant, said.The man who was photographed naked underwater as a baby and later ended up on Nirvana's iconic "Nevermind" album cover filed a lawsuit Tuesday alleging he was a victim of child pornography.
The album cover shows Spencer Elden, now 30, in a swimming pool as a then-infant with his penis exposed.
The image used for the cover of Nirvana's sophomore 1991 album includes a digital imposition of a dollar bill on a fishhook that the baby looks like he is trying to grab. The cover was widely considered a rebuke of capitalism.
Nonsexualized nude photos of infants are generally not considered child pornography under law. But Elden's lawyer, Robert Y. Lewis, alleges the inclusion of currency in the shot makes the baby appear "like a sex worker."
Kurt Cobain "chose the image depicting Spencer — like a sex worker — grabbing for a dollar bill that is positioned dangling from a fishhook in front of his nude body with his penis explicitly displayed," the suit, filed in the U.S. District Court for the Central District of California, stated.......Elden is asking for at least $150,000 from each of the defendants, who include surviving band members Dave Grohl and Krist Novoselic; Courtney Love, the executor of Cobain's estate; Guy Oseary and Heather Parry, managers of Cobain's estate; photographer Kirk Weddle; art director Robert Fisher; and a number of existing or defunct record companies that released or distributed the album in the last three decades.
Original Nirvana drummer Chad Channing is also named as a defendant, even though he had been replaced by Grohl in 1990, before the album was recorded or the cover photography shot.
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