Lewis, claims that the image crosses a threshold into pornographic imagery. While nonsexualized images of infants are generally not considered to be child porn under US law, Elden’s lawyer, Robert Y.
The lawsuit also claims that Nirvana “intentionally commercially marketed Spencer’s child pornography and leveraged the shocking nature of his image to promote themselves and their music at his expense.” BuzzFeed News has reached out to a representative for Nirvana for comment. “The images exposed Spencer's intimate body part and lasciviously displayed Spencer's genitals from the time he was an infant to the present day,” attorneys for Elden allege in legal documents filed in California this week. In it, he claims the nude image of him, which has since become one of the most globally recognizable album covers in history, constitutes child pornography. On Tuesday, Elden filed a lawsuit that has been obtained by Variety. The album artwork depicts 4-month-old Elden underwater in a swimming pool with his arms reaching out, grasping for a dollar bill that is being dangled in front of him from a fishing line. Now, 30 years later, he is suing the band, alleging that he was “sexually exploited” as a minor. Spencer Elden was an infant when he was photographed naked by a family friend for the cover of Nirvana’s “Nevermind” album cover.
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