Nirvana’s 1991 album Nevermind has one of the most famous covers of all time – but now the man who was featured on it as a baby is suing the group.
Spencer Elden, who was pictured naked while swimming underwater towards a dollar bill, says the image constitutes child pornography.
The album artwork is seen by many as the band making a statement on capitalism, and non-sexualised nude images of babies are normally not considered pornography under US law.
Image: Kurt Cobain headed up Nirvana, who shot to fame in the early 1990s. Pic: AP
Elden, 30, has recreated the image several times, including for Nevermind’s 10th, 17th, 20th and 25th anniversaries, and also has the album title tattooed on his chest.
However, he has said in interviews over the years that he has mixed feelings about the picture.
Advertisement
Now, his lawyer Robert Y Lewis says the depiction of the baby reaching for the dollar bill makes Elden look “like a sex worker”.
The lawsuit also alleges that the band failed to uphold a promise to cover his exposed genitals with a sticker.
More on Dave Grohl
“[His] true identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide from the time he was a baby to the present day,” it states.
The lawsuit, which has been seen by Variety, adds: “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.
“Defendants used child pornography depicting Spencer as an essential element of a record promotion scheme commonly utilized in the music industry to get attention…”
Elden’s parents were given $200 (£146) on the day of the photoshoot – which has generally been seen as them consenting to use of the image.
But the lawsuit states: “Neither Spencer nor his legal guardians ever signed a release authorizing the use of any images of Spencer or of his likeness, and certainly not of commercial child pornography depicting him.”
Elden is seeking $150,000 (£109,000) in damages from surviving band members Dave Grohl and Krist Novoselic, as well as from Courtney Love, photographer Kirk Weddle, and a raft of managers and record companies.
Chad Channing, who was replaced as drummer before Nevermind was made, is also listed as a defendant, despite having nothing to do with the project.
Representatives for the defendants have yet to respond to the allegations.
Nevermind was one of the biggest selling albums of the 1990s and features hits such as Smells Like Teen Spirit, Lithium and Come As You Are.
Along with releases by the likes of Pearl Jam, it defined the grunge genre and is widely considered an all-time rock classic.
Kid Cudi has told a court Sean “Diddy” Combs broke into his home, “messed with” his dog and opened some of his Christmas presents during a break-in in December 2011.
The 41-year-old rapper was giving evidence on day nine of the trial, after briefly dating Diddy’s former girlfriend Cassie the same year.
Cassie and Diddy dated for 11 years, from 2007 to 2018, and Cassie has testified the rapper physically abused her during most of their relationship.
Cudi described Cassie phoning him early one morning, sounding “stressed, nervous and scared”, telling him Diddy had “found out about us”.
He said Diddy later called him from his home and told him, “I’m here waiting for you”.
After dropping Cassie at a West Hollywood hotel, Cudi said he returned to his home and found no one there, but said his dog had been locked in the bathroom.
He described his pet later becoming “jittery and on edge all the time”.
He also said someone had opened Christmas presents he’d bought for his family.
While Cudi, whose real name is Scott Mescudi, said he initially wanted “to fight” Diddy, he later thought through “the reality of the situation,” and called the police to report the break-in.
Earlier this week, Cassie finished giving four days of evidence, becoming emotional at times, and testifying that Combs had threatened to blow up Cudi’s car and hurt him after he learned she was dating him by looking at messages on her phone during a “freak off”.
Prosecutors say Combs, the founder of Bad Boy Records, forced women to take part in days-long, drug-fuelled sexual performances known as “Freak Offs” from 2004 to 2024, facilitated by his large retinue of staff.
Combs, 55, has pleaded not guilty.
The rapper faces five criminal counts: one count of racketeering conspiracy; two counts of sex trafficking by force, fraud or coercion; and two counts of transportation to engage in prostitution.
Image: Diddy and Cassie on a red carpet in 2016. Pic: zz/JMA/STAR MAX/IPx/AP
The month after the break-in, Cudi’s Porsche was firebombed in his drive, with a hole cut into the roof and a Molotov cocktail dropped into the driver’s seat.
Cudi said he realised he had to talk to Diddy, before things “got out of hand,” meeting up with Diddy, who he said was weirdly “calm” and staring out the window with his hands behind his back “like a Marvel super villain”.
Cudi says Diddy told him he had still been dating Cassie during his relationship with her, with Cudi replying: “[Cassie] told me you were broke up and I took her word for it.”
Shaking hands at the end of the conversation, Cudi said he asked Diddy about “burning” his car, and Diddy replied, “I don’t know what you’re talking about”. Cudi later said he believed that to be a lie.
Cudi says he saw Diddy once a few years later at Soho House in Los Angeles with his daughter, and Diddy told him: “Man, I just want to apologise for all that bullshit”.
Image: Diddy sketched in court while listening to Kaplan’s testimony. Pic: Reuters/Jane Rosenberg
During his cross-examination, the defence suggested Cassie had been “living two different lives”, and “played” both Cudi and Combs.
Cudi concluded his time on the stand, saying his relationship with Cassie ended because he wanted “to give her space” and “the drama was too out of hand”.
Celebrity make-up artist Mylah Morales also gave evidence, describing a fight between Cassie and Diddy in 2010, which she says left Cassie with a “swollen eye, busted lip, and knots on her head”.
Image: Celebrity make-up artist Mylah Morales. Pic: AP
Morales said while she had heard the row, she hadn’t physically seen it as she wasn’t in the room.
She told the court, “I feared for my life”, explaining that she took Cassie to her apartment for several days to recover, but that Cassie refused to go to hospital as she was afraid of Diddy’s reaction.
The defence attempted to damage Morales’s credibility by listing her TV appearances, which included programmes on CNN, and with Don Lemon and Piers Morgan, attempting to paint her as attention-seeking.
The day also saw Combs’s former assistant George Kaplan complete his testimony.
Image: George Kaplan, former assistant to Combs. Pic: AP
He talked about two occasions when he had been asked to carry cash for Diddy, who he said never paid for things himself in the moment, recalling one time in 2015 when he looked after $50,000, and another when he was asked to pick up $10,000.
Kaplan described seeing “regular” physical violence between Cassie and Diddy, including an incident in 2015 with whisky glasses on a private plane, when he heard glass breaking and saw Diddy standing over Cassie in the plane’s central aisle.
He says he also saw Diddy hurling “decorative apples” at another of his girlfriends, Gina, late the same year, handing in his notice the following month.
Also known throughout his career as Puff Daddy and P Diddy, Combs turned artists like Notorious BIG and Usher into household names, elevating hip-hop in American culture and becoming a billionaire in the process.
Diddy has been held in the Metropolitan Detention Center in Brooklyn since September and faces at least 15 years or possibly life in prison if convicted.
The trial is set to last for around six weeks in total and will go into its third week next week.
Irish rock star Bono has called for Israel to be “released from Benjamin Netanyahu and far-right fundamentalists” during an awards ceremony.
The U2 frontman’s comments at the Ivors mark the first time the human rights activist has spoken out in public against the Israeli prime minister since the war in Gaza broke out in October 2023.
Bono, who received the Peace Summit Award at the 2008 Nobel Peace Laureates summit, also called for Hamas to release its remaining Israeli hostages.
It comes as Western leaders have been criticising Mr Netanyahu and the Israeli authorities over the renewed offensive in the Palestinian territory and the risk of famine due to an 11-week aid blockade, which is slowly easing.
Bono, whose real name is Paul Hewson, said on Thursday evening at London’s Grosvenor House: “Peace creates possibilities in the most intractable situations.
“Lord knows there’s a few of them out there right now. Hamas release the hostages. Stop the war.
More on Benjamin Netanyahu
Related Topics:
“Israel be released from Benjamin Netanyahu and far-right fundamentalists that twist your sacred texts.
“All of you protect our aid workers, they are the best of us.”
Follow the World
Listen to The World with Richard Engel and Yalda Hakim every Wednesday
The group became the first Irish songwriters to be awarded an academy fellowship at the 70th year of the awards.
U2 then performed their song Sunday Bloody Sunday, which references the 1972 Bloody Sunday shootings in Londonderry, where members of the British army’s Parachute Regiment opened fire at civil rights demonstrators.
The group ended the evening with a performance of their 1988 song Angel Of Harlem.
Please use Chrome browser for a more accessible video player
1:23
Netanyahu hits out at Starmer, Macron and Carney
Also on Thursday, Mr Netanyahu said UK Prime Minister Sir Keir Starmer was “on the wrong side of humanity” after he called for an end to the war in Gaza.
In a video he shared on social media, the Israeli prime minister also attacked the leaders of France and Canada for their criticism of Israel’s actions in the conflict.
Mr Netanyahu specifically linked the criticism from the UK, France and Canada to the killings in Washington DCof Israeli embassy workers Yaron Lischinsky and Sarah Lynn Milgrim on Wednesday night.
Just hours later, Kneecap announced on their Instagram account that “we’re back”, adding that they would perform at the 100 Club on Oxford Street, London, on Thursday night.
The post also included a quote by former Sex Pistols vocalist John Lydon, who told ITV’s Good Morning Britain the rap trio “maybe (…) need a bloody good kneecapping” after footage of the band allegedly calling for the deaths of MPs emerged.
Image: Kneecap performing in Belfast last year. Pic: PA
Kneecap apologised to the families of murdered MPs last month, but said footage of the incident at their concert had been “exploited and weaponised”, adding that they “never supported” Hamas or Hezbollah.
The rappers had gigs cancelled after the footage emerged and politicians pushed for Kneecap to be dropped from the Glastonbury Festival line-up, with Tory leader Kemi Badenoch calling for Kneecap to be banned.
The group from Belfast in Northern Ireland is still set to headline Wide Awake Festival in south London on Friday.
In response to O’Hanna being charged, Kneecap said that they “deny this ‘offence’ and will vehemently defend ourselves” and branded it “political policing” in a bid to “silence voices of compassion”.
The charge came after counter-terror police assessed a video said to be from a Kneecap concert.
In the footage, O’Hanna is allegedly displaying a flag in support of Hezbollah at the O2 Forum in Kentish Town, London, on 21 November last year.
Officers from the Met’s Counter Terrorism Command were made aware of a video circulating online on 22 April and an investigation led to the Crown Prosecution Service authorising the charge, the force said.
O’Hanna – who performs under the stage name Mo Chara – is due to appear at Westminster Magistrates’ Court on 18 June.