After Years Of Making Sure People Know He's The 'Nevermind' Baby, Spencer Elden Is Suing Nirvana For Alleged Child Pornography

Spencer Elden, best known as the baby photographed on the cover of Nirvana's seminal 1991 album Nevermind, is suing Nirvana for alleged distribution of child pornography. It's unclear if his case will hold up in court, but it's safe to say the court of public opinion is very much not on his side.

Variety broke the news late last night. While non-sexualized images of infants are not considered child pornography under U.S. law, Robert Y. Lewis, Elden's lawyer, is seeking $150,000, arguing the inclusion of money in the photograph implies the baby Elden is a "sex worker."

The lawsuit reads: "Defendants intentionally commercially marketed Spencer’s child pornography and leveraged the shocking nature of his image to promote themselves and their music at his expense." It also alleges that Elden's parents, who were paid $200 for the photo at the time it was taken, never signed a release authorizing the use of his likeness.

Surviving Nirvana members Dave Grohl and Krist Novoselic are named in the lawsuit, as well as Courtney Love, photographer Kirk Weddle, art director Robert Fisher, executors of Kurt Cobain's estate, and "a number of existing or defunct record companies that released or distributed the album in the last three decades," according to Variety.

Elden has repeatedly been public with his identity as the Nevermind baby. He recreated the photo for the album's 10th, 17th, and 25th anniversary, and has been interviewed numerous times about his involvement in one of the most iconic album covers of all time. He has maintained ambivalence about his inclusion, however. In a 2016 interview with the BBC, he stated, "It's cool but weird to be part of something so important that I don't even remember. It's strange that I did this for five minutes when I was four months old and it became this really iconic image."

He has also maintained he has never seen financial compensation for the image, nor has he met the surviving members of Nirvana. He has attempted to reach out to Grohl and Novselic in the past but has been ignored.

While it's unclear how the suit will play out in court, it struck many as hypocritical on Elden's part, and the now-30 year-old artist has been roasted on social media.

The guy who was the baby on #Nirvana's #Nevermind album cover, certainly worked overtime through the years to remind us he was the baby on the Nevermind album cover. pic.twitter.com/Hq4nYhKIWX

— Bad Spit (@BadSpit) August 25, 2021

Traded on the ‘Nirvana baby’ nickname all his life and happy to recreate the image for a payout but now wants financial redress for emotional damage. 🤔 #NeverMind #nirvana pic.twitter.com/L5Q5UglRG2

— outdoorshuman (@outdoorshuman) August 25, 2021

nevermind baby suing nirvana is the most ironic thing i’ve ever heard. man really is chasing that dollar bill

— kat (@par1stexas) August 25, 2021

As the opening verse of Nirvana's "Drain You" goes, "One baby to another says, I'm lucky to have met you. I don't care what it is you think about me, it's now my duty to completely drain you.'"