Industry News


Former Baby on Nirvana’s Nevermind Album Cover Sues Photographer and Band

August 25, 2021

By Hillary K. Grigonis

© Shutterstock/Photo by Stefano Chiacchiarini

Update 1/5/2022: Spencer Elden’s lawsuit has been dismissed, though the possibility of a refile is still possible. Read our latest news on the case here.

Thirty years ago, Spencer Elden was just a baby when he swam nude on Nirvana’s Nevermind album cover. Now, he’s suing for child exploitation. The iconic cover of Nirvana’s 1991 album is now the subject of a lawsuit against the band, photographer and production companies. Elden has filed a lawsuit alleging child exploitation and child pornography for the cover that shows a nude four-month-old Elden in a swimming pool facing a dollar bill on a fish hook.

Nirvana’s Nevermind cover album baby, Spencer Elden, all grown up. © John Chapple

The lawsuit, which was filed earlier this week in California, asks for $150,000 in damages from each of the defendants. The list of defendants is a lengthy one that includes photographer Kirk Weedle, band members Dave Grohl and Krist Novoselic, Kurt Cobain’s estate, Universal Music, Geffen Records, Warner Records, and MCA Music.

[Read: Judge Orders Photographer Pay $22K After Failing to Deliver Wedding Images More Than 6 Years Later]

According to NPR, the lawsuit accuses the photographer of taking a “sexually graphic” photo and claims that, originally, the album was supposed to have a sticker over the baby’s genitals. The lawsuit also claims that Elden’s parents never signed a release to use the image and that Elden, then four months old, was never compensated for the image.

Nirvana’s Nevermind album cover is likely so easily recognizable in part because of the shock value of that cover image. There is, of course, the nude infant. But, that nude infant appears to be sinking down in a pool. The ‘swimming’ baby’s goal? A single dollar attached to a fish hook.

[Read: Judge Sides With Photographer in Instagram Embed Lawsuit]

According to an Entertainment Weekly article published shortly after the album, Elden was one of four babies brought to the shoot. The photographer noted that the shoot included extra models “because you can’t count on a baby to do anything you want.” The article says that the parents held the babies in the shallow end of the pool, then dropped them to drift for three or four seconds in front of Weedle, who was known for his underwater work. EW says that Elden was paid $250 for the shoot.

The lawsuit says that “Spencer’s true identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor.” NPR says that the lawsuit also alleges emotion distress as a result of the cover image.

According to Artnet, Elden is now 30 years old and working as a painter.