Unless you live under a rock, you’ve heard that the baby on the cover of Nirvana’s famous Nevermind album is suing the Nirvana trust and surviving band members over the use of the photo of him at four months old, swimming naked and chasing a dollar bill on a hook.
That pic is of now 30 year-old Spencer Elden as a baby, back in 1991. At the time the photo was taken, Mr. Elden was too young to give consent, or even express any thought or emotion about the picture. He was a damn baby! But Spencer, you’ve been giving consent of said picture every day since you turned 18! How?
This is how. Every moment of Spencer Elden’s life since his 18th birthday that he’s talked about his affiliation with the album, brought it up, used as social tokens, bragged, and possibly even got laid for, was his consent. He didn’t bring it up to people and then scoff or complain about it; he brought it up and bragged. He was featured in numerous TV and radio shows, magazines, photo shoots, etc.. Spencer has also modeled for recreations of the famous picture for the album’s 10th, 15th and 25th anniversaries. His actions and attitude have provided consent for years now.
By the way, he also had the album name “Nevermind” tattooed across his chest. I think he gave consent long ago. But anything he said before he was 18 should not be counted. Because kids are dumb and don’t know any better. Dumb kids.
It should also be pointed out that recently Spencer invited Nirvana band members (Grohl and Novoselic) to an art gallery debuting his new artwork. Yeah, apparently he’s an artist… But reps from the Nirvana camp no-showed (they never bothered to RSVP), and Spencer got on his social media soapbox complaining about their lack of interest and attendance. Then, just a short time later, Mr. Elden slaps this frivolous lawsuit against Nirvana.
Let’s be clear- I’m no attorney. I don’t know dick ’bout the law, other than I try to stay within it. Only smart criminals have a chance against the law, and only dummies are criminals, so…. yeah. But this kind of shit shouldn’t be allowed in court. To be clear, Spenser Elden is suing the Nirvana estate and band members saying there was never a consent form or anything signed by his parents as his legal guardians, and for child pornography.
And OK, whoa… Nudity doesn’t automatically mean pornography, even of a child. If that were true grandmothers across the land would be locked up! And nudity throughout history has found its way into art. The Statue of David is naked. The Birth of Venus painting has a tit. Even Jack’s sketch of Rose shows her icebergs before they sank! Art is meant to move us emotionally. Sometimes a dick or a tit is needed.
The details to this whole story are plain and simple. In fact, you can read the article in Art Net News. Basically, this Spencer guy is the only stain on the amazing Nevermind album. In the article linked above, he complains about “hook(ing) up with a hot chick, and then they figure out you’re not making any money from it and they’ll dump you”. Those are his words in quotation from an article in GQ Australia.
Look, I’m sure Spencer has had this album and its success floating over his head his entire life. But Nirvana’s Nevermind album and its success is not his own. He just happened to be an infantile model for the cover. His parents originally received $200 for the shoot. He also has the distinct notoriety of being a nude subject in an art piece that is seen by almost every set of eyes in the world, from now until the end of time. But any stranger on the street wouldn’t even know Spencer Elden if they ran into him. I know I wouldn’t.
Should Spencer Elden get money for being the Nevermind baby? Maybe. They’ve sold an awful lot of his dick pics… Maybe mom and dad should give him the $200 for the original photo shoot. Maybe Spencer should be suing his parents. Should the Nirvana estate and surviving members be crucified for child pornography? No, of course not. Should Spencer get a life and quit worrying about baby pics? Yes. Grow up, dude!
Spencer, you were gifted a great way to break the ice with people, share your experience(s), and share the best music on the planet! But were you expecting a life on easy street, with adoring “chicks” and free money just ’cause you just happened to be THAT baby on THAT album? If you were, I can only quote Kurt Cobain from Nirvana’s 2nd album… “Oh well, whatever, nevermind.” By the way Spencer, Cobain would think you’re a dick.