Lawsuit over naked baby on Nirvana's 'Nevermind' cover likely to be dismissed

Spencer Elden is suing Nirvana with claims that their 'Nevermind' album cover amounts to child pornography and an invasion of his privacy.

File photo

New York: The naked swimming baby chasing the dollar on the iconic cover of the 'Nevermind' album by Nirvana is a 30-year-old man now named Spencer Elden.

'Nevermind' was the second studio album by American rock band Nirvana, released on September 24, 1991. Spencer was four months old when he was photographed by a family friend drifting naked in a pool.

Spencer has filed a lawsuit in a California federal court against the American rock band 'Nirvana', Universal Music Group, Warner Records, music mogul David Geffen, the band members (even the late Kurt Cobain via his estate and three individuals who oversee it, including his widow Courtney Love), the photographer and others.

Spencer is suing just about everyone connected to the album with claims that the photo amounts to child pornography and an invasion of his privacy. While it makes for splashy headlines, attorneys consulted by The Hollywood Reporter say the complaint will likely be dismissed early.

He alleges the image depicts him "like a sex worker - grabbing for a dollar bill that is positioned dangling from a fishhook in front of his nude body with his penis explicitly displayed." He also claims he had a "reasonable expectation that the images depicting him would remain private" and maintains his legal guardians didn't sign a release authorising the use of the image, according to the Hollywood Reporter.

'Nevermind' is often credited with initiating a resurgence of punk culture among teenagers and young adults of Generation X. In addition, it was responsible in part for bringing both grunge and alternative rock music to a mainstream audience and ending the dominance of hair metal.

The album has sold over 30 million copies worldwide, making it one of the best-selling albums of all time.