Spencer Elden: Ex-baby model on Nirvana cover is back in court

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The legendary cover of the album »Nevermind«.

It's supposed to be child pornography

Photo: Geffen Records/AP

Just days ago, Spencer Elden, depicted as a swimming baby on the world-famous album cover Nevermind, failed in a lawsuit against the band Nirvana.

A judge dismissed Elden's lawsuit in early January -- but gave him the option to change the allegations and retry the lawsuit.

The Elden, who is now 30 years old, has now done so, as several US media and the Reuters news agency report.

The »Nevermind« album was released in 1991. Elden is shown swimming naked under water, his penis can be seen on the cover.

Elden was four months old when the picture was taken.

Elden accuses the band that the nudity on the record cover is child pornography.

The band got rich from the picture and made millions of dollars at Elder's expense.

Among the ten defendants are Nirvana drummer Dave Grohl and bassist Krist Novoselic, singer Kurt Cobain's widow, and photographer Kirk Weddle.

Elden is seeking a minimum of $150,000 in damages per defendant.

Was Nirvana trying to save money with Elden's image?

In the dismissed version of the lawsuit, Elder had argued that the cover was sexual exploitation and violated federal law to that effect.

However, this was not decided until 2003.

The band's lawyers argued the law could not be retrospectively applied to the cover art.

Therefore, Elden now deleted this point.

Also newly included in the lawsuit is a statement from the band's art director at the time, Robert Fisher, describing a licensed image he intended for the cover.

Another baby was pictured on it, whose penis was also not visible.

However, according to Elden, Nirvana chose to use their own image to save money.

has/Reuters