Nirvana responded to the complaint of Spencer Elden, the man who posed for their album “Nevermind” as a baby. As a reminder, he had lodged a complaint against the domain of Kurt Cobain and the last members of the group for having “damaged his image” and having contributed to the exploitation of it for pornographic purposes.
Representatives of the group, however, counterattacked by refuting Spencer’s words, claiming that Spencer’s notoriety had been used for many years and called for the lawsuit to be dismissed.
Official documents unearthed by Digital Music News read: “Elden has spent three decades building on his fame as the self-proclaimed ‘baby of Nirvana’. He has reproduced the photograph in exchange for payment on numerous occasions; he had the title of the Nevermind album tattooed on his chest; he appeared on a talk show wearing a self-parodying nude romper; he autographed copies of the album cover for sale on eBay; and he used his connection to Nirvana to try to hook up with women. Elden’s claim that the Nevermind album cover photograph is ‘child pornography’ is, on its face, not serious. A brief review of photography, or Elden’s own conduct (not to mention the presence of photography in the homes of millions of Americans who, according to Elden’s theory, are guilty of criminal possession of child pornography) the clearly shows. Nevermind’s cover photo was taken in 1991. It was world famous by 1992 at the latest. Long before 2011, as Elden pleaded, Elden knew of the photo’s existence, and knew that he (and not someone else, editor’s note) was the baby in the photo. He was fully aware of the facts of both the alleged ‘violation’ and the ‘harm’ for decades. ”