And I think it’s pretty clear that’s not the purpose.” What’s going to be at issue here is whether this album cover incites the lustful interest, sexual stimulation, or gratification of the viewer. “It has to appeal to the viewer’s prurient interest.
“The case is likely going to be dismissed,” says criminal defense attorney Matthew Matejcek of Beles & Beles, pointing to the Department of Justice’s definition of child pornography. The lawsuit over the image is unlikely to succeed, attorneys from four separate law firms, who all have experience in matters of child pornography, tell Rolling Stone.
There may have been no way of knowing that the album and cover art would be as influential as it became - but, regardless, the band and Elden’s guardian both struck some sort of agreement.
The band’s team asked, and the guardian said yes. Legally speaking, however, experts say Elden does not have much of a case on his hands.Īt the core of this knotted web is one thing: Elden’s legal guardian agreed to let a buzzing punk band take photos of him as a baby for 200 bucks. I’ve had quite a few a-ha moments in my late twenties - and my likeness was not part of a marketing for what’s now considered one of the greatest rock albums of all time.) (I, too, was born in 1991, and my therapist, who I started seeing in 2019, has helped me recognize that there’s trauma from my childhood that I brushed off as insignificant. That baby is now a grown man: Spencer Elden, now 30, filed a lawsuit this week alleging that the Nevermind cover constitutes child pornography. Psychologically speaking, he has every right to feel overwhelmed by conflicting emotions a person’s prefrontal cortex isn’t fully developed until age 25, and post-1991 developments like social media have also helped to destigmatize discussion of mental health. And a lot has changed since 1991, when Nirvana shot the album cover for Nevermind, the sophomore album that catapulted the band into superstardom - and whose image of a baby is now the subject of a lawsuit from that very baby.
It’s not uncommon for people to rethink experiences from their early life.
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