Spencer Elden is the naked baby on the cover of the 1991 album Nevermind by Nirvana. He first sued the band in 2021 due to sexual exploitation, but the case was dismissed, and he didn’t sue for 10 months. But as the group republished the cover recently, the court ruled Elden can file a lawsuit again, with the re-released version of the album. So, get to know more about Elden and his case.
Spencer Elden and His Controversial Nevermind Album Cover
Spencer Elden was only a few months old when the underwater photographer Kirk Weddle asked his father if his newborn baby could be featured in a family photo project. At the time, the family was promised that the photo would be used for a project that would hide his genitals and would be taken at an angle that would imply the child was nude.
But before Spencer’s parents could do anything about it, his naked photo became iconic, and he was dubbed the Nirvana Baby. The father couldn’t even sue the band or its label due to the threat of being stripped of all the financial resources that supported his family. They were even threatened with a countersuit if they tried to do so.
Spencer Elden's child pornography lawsuit against Nirvana over the use of his image on the Nevermind album cover has been reinstated by an appeals court: https://t.co/1atRr1lTm6 pic.twitter.com/y9UENK0BRg
— CONSEQUENCE (@consequence) December 21, 2023
But when Nirvana wanted to tour with Spencer as a baby, his parents immediately declined.
In 2021, Spencer sued Kurt Cobain’s estate for child exploitation caused by his Nevermind album cover, though he recreated it as a child, kid, and young adult. He even got the word “Nevermind” tattooed onto his chest as a teenager while finding his life purpose.
The Effect of the Nevermind Album Cover on Spencer Elden
Upon knowing Kurt Cobain’s journal about pedophilia and violent acts against babies, Elden Spencer didn’t want to be associated with Nirvana anymore.
He also revealed that pedophiles tried to contact him, resulting in him seeking and paying for his own therapy. When he also learned that Cobain was a drug addict with serious issues, he continued to seek help to process his pain and suffering.
30 years ago today, Nirvana's Unplugged concert aired on MTV. A rare look at the band in an acoustic setting, it is one of Kurt Cobain's last performances, as he is found dead less than four months later. pic.twitter.com/YWn7fWtOGQ
— Eric Alper 🎧 (@ThatEricAlper) December 16, 2023
The same year he sued Nirvana, Spencer tied the knot with Angela Marie Najand. Elden revealed the emotional distress they have suffered due to the misinterpretation of the lawsuit and the long-time suffering they have to go through in the future.
The couple has expressed interest in starting their own family, as Spencer wants to be a father himself.
Court Revives Spencer Elden’s Nirvana Child Pornography Lawsuit
A US appeal court revived the lawsuit that accused Nirvana of publishing child pornography by using the photo of the four-month-old baby Spencer Elden on the cover of their 1991 album, Nevermind.
The 9th US Circuit Court of Appeals overturned the lower court’s decision that Elden had waited too long to file his lawsuit against the band. However, the court didn’t reveal if the cover indeed featured child pornography.
“This procedural setback does not change our view,” Nirvana lawyer Bert Deixler said (via South China Morning Post). “We will defend this meritless case with vigor and expect to prevail.”
Nirvana "Nevermind" outtakes. Los Angeles, October 28, 1991. Photo by Kirk Weddle. pic.twitter.com/1Jd97CLAF4
— Classic Rock In Pics (@crockpics) December 17, 2023
Alternatively, Elden’s lawyer, Robert Lewis, revealed that his client is “very pleased” with the court’s decision and looks forward to his day in court.
Spencer Elden may finally get the justice he’s looking for as the court revives the child pornography lawsuit against Nirvana. Though this case has received mixed reactions, it cannot be denied that it has badly affected Spencer and his well-being. The case is in the court’s hands, and everyone hopes for the best.