Nirvana’s Nevermind Baby Sues for ‘Child Pornography’

Nirvana tapped into the early-nineties underground cultural rebellion that embraced the underdogs and the voices of the unheard. Nevermind sparked the beginning of a new genre of music called grunge: a combination of heavy metal and alternative rock that originated in Seattle. 

The album’s lead hit “Smells Like Teen Spirit'' only sold 250,000 copies in its first month, but eventually the entire album dominated the charts with Elden on the cover. The timeless image is still sold in record stores and graces rock magazines, TV specials, films and merchandise.

Kurt Cobain literally conceived the inspiration behind the album cover by watching water births. The record label and shoot photographer were concerned that the infant’s genitals were clearly visible and would cause offense. But Cobain’s version of compromise consisted of only accepting a sticker covering the genitalia reading, “If you’re offended by this, you must be a closet pedophile.”

The image was one of a political statement and a clear abhorrence toward capitalism and greed that we are born into. There are three main symbols from the cover: the naked baby, dollar bill, and water. 

The baby is a newborn which symbolizes innocence, godliness, and purity. The baby is captured nude in its natural form. Immersion in the water almost resembles a baptism and a cleanse of all societal ills and personal sins. With the baby submerged underwater, this could be a reference to the natural state of an unborn baby in the womb. The newborn can be interpreted as being untouched and chasing freedom, but eventually, the freedom is taken from us when we conform to a capitalist society.

The quite literal dollar symbolism—specifically the American dollar—suggests American consumerism is a sinful desire and the root of all evils. Materialism, wealth, and capitalism can deprive the innocence of a child. 

Elden said the Nevermind image was about the "abandonment of innocence and everyone chasing money sooner and faster," but said it had been a "positive thing and opened doors [for him].

For the album’s 10th, 17th and 25th anniversaries, Elden recreated the cover for photographers and even suggested shooting the 25th anniversary nude. In a 2015 interview with The Guardian, Elden said, “I might have one of the most famous penises in the music industry, but no one would ever know that to look at me. Sooner or later, I want to create a print of a real-deal re-enactment shot, completely naked. Why not? I think it would be fun.”

In an interview with Time, Elden said “[When] I go to a baseball game and think about it: ‘Man, everybody at this baseball game has probably seen my little baby penis,’ I feel like I got part of my human rights revoked.”

Elden started growing increasingly uncomfortable with gracing the grunge album, even though he has Nevermind tattooed across his chest and recreated a similar picture in 2016 in the same pool when he and the record both turned 25.

On August 25, Elden filed a complaint at a federal court in California seeking $150,000 in damages from the defendants. According to CNN, Elden’s attorneys said the image contained pornography and the star endured “lifelong damages” done to his reputation. 

He claims his parents never signed a release allowing his image to be used and he has never been compensated. The lawsuit alleges that Elden “continues to suffer personal injury by the distribution and possession of child pornography.”

One of Elden’s lawyer’s, Maggie Mabie said, “Mr. Elden, an artist living in Los Angeles County, has gone to therapy for years to work through how the album cover affected him.”

“He hasn’t met anyone who hasn’t seen his genitalia,” she said. “It's a constant reminder that he has no privacy. His privacy is worthless to the world.”

After 30 years, Elden is suing the surviving band members—Dave Grohl and Krist Novaselic—as well as the executors of Kurt Cobain’s estate, photographer Kirk Weddle, Warner Records, Universal Music Group and various parties. In light of the “child sexual exploitation” charges, Elden alleges that the defendants “knowingly produced, possessed and advertised child pornography.”

The lawsuit states Elden’s sexualization, because the dollar bill used on the cover made the infant resemble a “sex worker.” Elden said that his association with the nude picture causes him emotional distress and loss of earnings. By refusing to censor the artwork with a sticker, Elden said that Nirvana had failed to protect him from child sexual exploitation. 

The lawsuit states: “Cobain chose the image depicting Spencer—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."

Attorney Jamie White criticized the lawsuit and called it "frivolous" and "really offensive to the true victims" of child sexual abuse, highlighting the capitalism illustrated on the cover by mentioning that "this is a money grab.”

Fordham Law School professor James Cohen said that “the context doesn't suggest that it's pornography.”  Both experts gathered that Elden's actual intention was to make petty lawsuit charges to secure financial gain instead of pursuing child pornography charges.

The image still holds heavy cultural context and ultimately sums up the band’s rebellious nature and damnation of society’s conservative values including capitalism.

Despite the controversy, the Nevermind cover became one of the most enduring images in rock music after the record’s release, selling over 30 million copies worldwide. Nirvana’s record helped shape Generation X counterculture which soared the Seattle grunge band to international fame and recognition, as well as popularizing the genre to mainstream audiences.