Legal Experts Rip Nirvana Child Pornography Lawsuit

The man who was pictured nude as a baby on the cover of Nirvana’s iconic second album “Nevermind” is now suing the band 30 years after the album’s release.

What Happened? Spencer Elden, who is now 30 years old, is suing 15 defendants and alleging his parents did not consent to the use of his image on the “Nevermind” cover. Elden is seeking $150,000 in damages from each defendant, including Nirvana, Warner Records and band members Dave Grohl and Krist Novoselic. Elgen’s attorney is also claiming the image is a violation of federal law prohibiting child pornography.

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Why It’s Important: The lawsuit could have serious potential implications for the entire artistic community if any image of a nude child is deemed to be pornographic in nature. A number of attorneys have already said publicly the case has minimal chance of success.

“I’ve never seen a more offensive, frivolous lawsuit in the history of my career,” attorney Jamie White, who specializes in childhood sexual abuse cases, told the New York Post.

“Not only do I not think this lawsuit will hold water, I think the attorneys will be scrutinized for even filing this thing.”

Elden certainly doesn’t seem to have been traumatized by the photo given he has recreated it multiple times, including for the 25th anniversary of the album.

Nirvana has reportedly sold more than 30 million copies of “Nevermind.”

Benzinga’s Take: Based on commentary from attorneys such as White, it seems Nirvana may have a better chance of making money off of this lawsuit than Elden given all the free publicity “Nevermind” is getting on social media from this lawsuit.

Photo: A cropped photo of the "Nevermind" cover.