Nirvana’s lawyers say child porn lawsuit is a cash grab

The child pornography lawsuit filed by the grown-up naked baby featured on the cover of Nirvana’s album “Nevermind” smells like an “absurd” cash grab, lawyers for the band say.

A motion to dismiss the litigation was filed on behalf of Kurt Cobain’s estate and the surviving members of Nirvana in a California federal court Wednesday.

Spencer Elden, 30, accused the Seattle grunge outfit of telling him to “Come As You Are” without consent over the summer, after being photographed swimming naked in a pool as an infant for the iconic cover of the 1991 triple-diamond selling album.

Elden alleged he was sexually exploited, suffered “lifelong damage” and was forced to engage in “commercial sex acts” by the band, who he said marketed the image as “child pornography.”

Elden ended up on the album cover because his dad was a friend of the photographer, according to a 2008 NPR report.
Alamy Stock Photo

Lawyers countered Tuesday that Elden’s claims were “absurd” and “will fail on the merits,” noting he “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby’” — re-enacting the photo shoot for money while also using the “connection to try to pick up women.”

Elden — who has the album title tattooed across his chest — also has “autographed copies of the album cover for sale on eBay,” lawyers noted, while asserting the federal statute of limitations had expired for his civil claim of sex abuse.

The infant’s family was only paid $200 for the 15-second plunge in the pool, which only happened because Elden’s dad was a friend of the photographer, according to a 2008 NPR report.

“Nevermind” catapulted the little-known indie band to worldwide fame virtually overnight and slammed the door on the ’80s hair metal scene on the strength of smash hits like “Smells Like Teen Spirit” and “Lithium.”


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