# Man Photographed as Baby on ‘Nevermind’ Cover Sues Nirvana, Alleging Child Pornography **URL:** \ **Category:** Cafe Society\ **Created:** [August 25, 2021, 12:55pm UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489 "2021-08-25T12:55:28Z")\ **Posts on this page:** 20\ **Page:** 7
**Author:** ![Lucas\_Jackson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lucas_jackson/32/303_2.png) [@Lucas\_Jackson](https://boards.straightdope.com/u/Lucas_Jackson)\ **Post date:** [August 27, 2021, 5:01pm UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/121 "2021-08-27T17:01:40Z")
Ah, that would explain Chuck Norris’ lack of musical sophistication, then. 😁 ---
**Author:** ![Grestarian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grestarian/32/3227_2.png) [@Grestarian](https://boards.straightdope.com/u/Grestarian)\ **Post date:** [August 28, 2021, 5:36am UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/122 "2021-08-28T05:36:52Z")
I’ve been thinking… 1. If anybody in this solar system is honestly thinking that picture can be considered child pornography, isn’t it the responsibility of the State to bring criminal charges against particular defendants? 2. If this guy is honestly taking the ‘hey I was exploited’ route, shouldn’t he be suing his parents who (regardless of whether or not they got the paperwork done correctly and regardless of how much they got paid) permitted the exploitation allowed the photography session? How much is he willing to sue his own parents for? $200? I gotta say, there’s other parents who have done a lot worse to their kids who deserve to get sued or criminally charged long before the Eldens are even considered. 3. I wonder if Mr. Elden is not doing this so much for the cash grab or even for the principal of the matter or even with an expectation of winning, but for the meager amounts he might be able to squeeze out of entities who want to interview him about this matter. “Yeah, you wanna talk about my client’s case? Schedule it with his agent – yeah, the same guy who’s helping him set up his gallery exhibit. Oh yeah, go see his exhibit, too, 'cause he gets a cut of the door fee.” –G! FWIW, I never thought the album, band, or picture were impressive in any way. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [August 28, 2021, 8:13am UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/123 "2021-08-28T08:13:51Z")
> [@Grestarian](#): > > FWIW, I never thought the album, band, or picture were impressive in any way. - They were parodied by Weird Al. "Nuff said. 😉 ---
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [August 28, 2021, 8:24am UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/124 "2021-08-28T08:24:58Z")
> [@running\_coach](#): > > They were parodied by Weird Al. "Nuff said. And then he parodied his own parody for the Simpsons. [![](https://img.youtube.com/vi/cqz08Als4xw/hqdefault.jpg "“Weird” Al Yankovic - "Brain Freeze"") ](https://www.youtube.com/watch?v=cqz08Als4xw) ---
**Author:** ![Yllaria](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yllaria/32/3452_2.png) [@Yllaria](https://boards.straightdope.com/u/Yllaria)\ **Post date:** [August 28, 2021, 4:22pm UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/125 "2021-08-28T16:22:37Z")
Tweeted - [Weird Al sues Weird Al over album cover.](https://twitter.com/Speuj/status/1430536689957711877) ---
**Author:** ![Dr\_Paprika](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dr_paprika/32/3042_2.png) [@Dr\_Paprika](https://boards.straightdope.com/u/Dr_Paprika)\ **Post date:** [August 30, 2021, 12:38am UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/126 "2021-08-30T00:38:52Z")
This strikes me as pretty ridiculous. However, I’m not sure if this changes anything about Anne Geddes taking babies and dressing them up as cabbages, or whatever she does. ---
**Author:** ![DMC](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dmc/32/18049_2.png) [@DMC](https://boards.straightdope.com/u/DMC)\ **Post date:** [August 30, 2021, 10:23pm UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/127 "2021-08-30T22:23:15Z")
The Van Halen Baby thinks the Nirvana Baby needs to sit the fuck down and stop being so whiny-assed. [![](https://i1.wp.com/coolhunting.com/wp-content/uploads/2020/10/van-halen-1984.png?fit=1200%2C1200&ssl=1) ](https://i1.wp.com/coolhunting.com/wp-content/uploads/2020/10/van-halen-1984.png?fit=1200%2C1200&ssl=1) ---
**Author:** ![Thing.Fish](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thing.fish/32/9168_2.png) [@Thing.Fish](https://boards.straightdope.com/u/Thing.Fish)\ **Post date:** [September 14, 2021, 7:21pm UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/128 "2021-09-14T19:21:35Z")
[Here’s Kevin Underwood’s take at Lowering the Bar.](https://loweringthebar.net/2021/09/nevermind-cover-baby-sues.html) He points out that, in addition to the assertion that the picture is pornographic being obviously absurd, the statute of limitations (10 years after the victim becomes aware of the existence of the material or turns 18, whichever is later) has passed, so the entire lawsuit is frivolous on its face and may lead to sanctions against the attorneys involved. (There is no criminal statute of limitations for child pornography, but this is a civil case) ---
**Author:** ![Thing.Fish](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thing.fish/32/9168_2.png) [@Thing.Fish](https://boards.straightdope.com/u/Thing.Fish)\ **Post date:** [January 4, 2022, 3:10pm UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/129 "2022-01-04T15:10:07Z")
The verdict is in. Judge to Plaintiff: [“Whatever, nevermind”.](https://www.theguardian.com/music/2022/jan/04/nirvana-nevermind-baby-cover-artwork-lawsuit-dismissed) ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [January 4, 2022, 3:46pm UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/130 "2022-01-04T15:46:55Z")
That was some excellent link text! Well done. ---
**Author:** ![Mighty\_Mouse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mighty_mouse/32/7776_2.png) [@Mighty\_Mouse](https://boards.straightdope.com/u/Mighty_Mouse)\ **Post date:** [January 4, 2022, 3:55pm UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/131 "2022-01-04T15:55:11Z")
This is funniest thing I am going to read today! ---
**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\ **Post date:** [January 4, 2022, 5:00pm UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/132 "2022-01-04T17:00:28Z")
The dismissal apparently because the plaintiff could bring nothing to refute the defense’s motion within the required time. Well sure: ‘cause in the common phrase, "they got nuthin’". The ruling does leave them the option to try again if they can put together something worth the court’s time. Oughta be interesting to see if they even bother. ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [September 4, 2022, 2:11am UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/133 "2022-09-04T02:11:19Z")
> **[Nirvana Wins 'Nevermind' Lawsuit Against Man Shown On Cover As Nude 4-Month-Old](https://www.yahoo.com/news/nirvana-wins-nevermind-lawsuit-against-215659352.html)** > > Spencer Elden had initially filed a suit in August 2021 accusing Kurt Cobain's estate and the album photographer of child sex trafficking. Not sure what happened in Dec, but this seems like it’s completely over now. ---
**Author:** ![Princhester](https://avatars.discourse-cdn.com/v4/letter/p/3e96dc/32.png) [@Princhester](https://boards.straightdope.com/u/Princhester)\ **Post date:** [December 22, 2023, 6:29am UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/134 "2023-12-22T06:29:04Z")
> [@Telemark](#): > > Not sure what happened in Dec, but this seems like it’s completely over now. Yeah, about that… > **[US court revives lawsuit accusing Nirvana of sexual exploitation over...](https://www.theguardian.com/music/2023/dec/22/us-court-revives-lawsuit-accusing-nirvana-of-sexual-exploitation-over-nevermind-album-cover)** > > Appeals court overturns decision that baby depicted on 1991 album had waited too long to bring his lawsuit against band ---
**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\ **Post date:** [December 22, 2023, 11:48am UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/135 "2023-12-22T11:48:26Z")
Well, at least they didn’t rule on the merits. Also, I wonder, since the successful appeal was based on Nirvana having recently rereleased the album (resetting the statute of limitations clock), is he limited to “damages” that occurred since the reset? IOW, would he have to show that a 30-year-old photo harmed him, a grown-ass man, nothing prior counts? ---
**Author:** ![Tibby](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tibby/32/17030_2.png) [@Tibby](https://boards.straightdope.com/u/Tibby)\ **Post date:** [December 22, 2023, 12:15pm UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/136 "2023-12-22T12:15:15Z")
The poor fellow still gets recognized and ridiculed when he swims in a pool. [![](https://i.imgur.com/yR8XYbg.jpg) ](https://i.imgur.com/yR8XYbg.jpg) ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [October 2, 2025, 2:08pm UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/137 "2025-10-02T14:08:23Z")
Bumped with an update: > **[Judge throws out lawsuit over Nirvana’s album art featuring naked baby | CNN](https://www.cnn.com/2025/10/02/entertainment/nirvana-child-pornography-lawsuit-scli-intl)** > > A federal judge again threw out a lawsuit by a man who accused grunge rock band Nirvana of distributing child pornography by using a photograph of him as a naked, swimming baby on the cover of its breakthrough 1991 album “Nevermind.” And see: > **[Nevermind | Spencer Elden lawsuits](https://en.wikipedia.org/wiki/Nevermind#Spencer_Elden_lawsuits)** > > In August 2021, Elden filed a lawsuit against Weddle, Cobain's estate, Grohl and Novoselic, claiming that the use of his likeness on the album cover was made without his consent or that of his legal guardians, that it violated federal child pornography statutes, and that it resulted in "lifelong damages". Elden said that, by refusing to censor the artwork with a sticker, Nirvana had failed to protect him from child sexual exploitation. The lawsuit also stated that "Cobain chose th Attorney Jamie ... Not helpful to the ex-baby’s case, as defense counsel earlier noted: he had “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby,’ having reenacted the artwork several times, and that he had the album title tattooed on his chest.” ---
**Author:** ![Patx2](https://avatars.discourse-cdn.com/v4/letter/p/73ab20/32.png) [@Patx2](https://boards.straightdope.com/u/Patx2)\ **Post date:** [October 4, 2025, 2:27am UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/138 "2025-10-04T02:27:08Z")
Did he at any time speak to his parents? Someone made a decision for this to happen. They were legally responsible, why go after the band? Why not have a heart to heart with mom & dad? ---
**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\ **Post date:** [October 4, 2025, 2:31am UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/139 "2025-10-04T02:31:05Z")
I feel like the tattoo supports his case that this affected him deeply. On the other hand, the photo is very much not porn. It’s an intriguing photo, but not even a little sexy. ---
**Author:** ![ParallelLines](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/parallellines/32/3575_2.png) [@ParallelLines](https://boards.straightdope.com/u/ParallelLines)\ **Post date:** [October 4, 2025, 2:36am UTC](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/140 "2025-10-04T02:36:03Z")
> [@Patx2](#): > > Did he at any time speak to his parents? Someone made a decision for this to happen. They were legally responsible, why go after the band? Why not have a heart to heart with mom & dad? My response from 2021 still feels current and pertinent. > [@Man Photographed as Baby on ‘Nevermind’ Cover Sues Nirvana, Alleging Child Pornography](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489/109): > > You know, regardless of the merits of the case (of which I think there are few to none), a chunk of the originally cited article screamed ‘cash-grab’ to me. … a number of existing or defunct record companies that released or distributed the album in the last three decades. Curiously, original Nirvana drummer Chad Channing is also named as a defendant who was part of the group at the time, even though he had been replaced by Grohl in 1990, before the album was recorded or the cover photography… [Previous page](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489.md?page=6) [Next page](https://boards.straightdope.com/t/man-photographed-as-baby-on-nevermind-cover-sues-nirvana-alleging-child-pornography/949489.md?page=8)