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Robert Fisher, who designed the cover, said the image was inspired by Kurt Cobain seeing a documentary about babies being born underwater. I feel like the world’s biggest porn star”. In 2007 he told the Sunday Times it was “kind of creepy that many people have seen me naked.
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In 2016, Elden recreated the image with the New York Post newspaper to mark the album’s 25th anniversary, saying: “It’s cool but weird to be part of something so important that I don’t even remember.” That year he also said: “Recently I’ve been thinking, ‘What if I wasn’t OK with my freaking penis being shown to everybody?’ I didn’t really have a choice.” He had previously recreated the image for Rolling Stone, aged 10. The Guardian has contacted the managers of the Nirvana estate for further comment.Įlden’s legal team Marsh Law said in a statement: “This is an issue of consent – something that our client never had the opportunity to give.” The defendants have not yet responded to the lawsuit, or commented on it publicly.
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It has previously been reported that Elden was paid $250.Įlden is seeking damages of at least $150,000 from each of the 15 defendants, plus costs, and asks that the case be tried with a jury. It claims Elden was never paid for appearing on the cover, and that his parents never signed a release form for the image, which was shot specifically for the album cover. The lawsuit claims the image is “sexually graphic”, and says it makes Elden resemble “a sex worker – grabbing for a dollar bill”. The lawsuit accuses the defendants of “commercial child sexual exploitation of him from while he was a minor to the present day … defendants knowingly produced, possessed and advertised commercial child pornography depicting Spencer”.Įlden, who was four months old when the image was made, says he has suffered “lifelong damages” from the 1991 album cover, including “extreme and permanent emotional distress with physical manifestations”, plus loss of education, wages, and “enjoyment of life”.