Baby Hooked on a Dollar with a Naked Body
Billboard's Ranked 7th 'Top 50 Album Covers of All Time'
[Asia Economy Reporter Bang Je-il] A court has once again dismissed a lawsuit filed by an adult who was the baby featured on the album cover of the American rock band Nirvana.
On the 4th (local time), according to the British BBC and the New York Times (NYT), the U.S. Central California Federal District Court dismissed on the 2nd the retrial request for damages filed by Spencer Elden (31), the baby on the cover of Nirvana's album 'Nevermind,' against Nirvana members and others.
Elden, whose naked photo swimming underwater at four months old was featured on the 1991 Nirvana album 'Nevermind' cover, filed the lawsuit last August after turning thirty. He sued a total of 15 defendants, including surviving Nirvana members and Courtney Love, the wife of leader Kurt Cobain who died by suicide in 1994, seeking at least $150,000 (about 200 million KRW) in damages from each.
Elden's claim is that the photo constitutes child pornography that sexually exploits children.
The four-month-old Elden on the album cover is swimming naked. His genitals are exposed, and the image was edited to show him swimming toward a dollar bill hooked on a fishing line, portraying him as if he were a sex worker.
In particular, he argued that his parents never consented to the use of the photo and that he has suffered harm throughout his life because of it.
In response to Elden's claims, the defendants argued that Elden cannot be considered a victim because he has proudly identified himself as the subject of the 'Nevermind' cover. They cited examples such as Elden tattooing 'Nevermind' on his chest and taking photos swimming as depicted on the album cover.
The defendants also referenced a 1994 precedent that rejected claims by stating that no one would consider the impressionist painter Renoir's artworks as sexually explicit nudity, using this as grounds for dismissal.
When Elden filed the lawsuit last year, he argued that he has the right to claim damages regardless of the statute of limitations because he has suffered continuous pain throughout his life due to the naked photo on the album. However, the court ruled that the statute of limitations had expired as more than ten years had passed since Elden became aware that his naked photo was used in the production of the Nirvana album.
Meanwhile, 'Nevermind,' released in 1991, has sold over 30 million copies worldwide. The cover featuring a baby swimming toward a one-dollar bill hooked on a fishing line has been interpreted as a critique of capitalism. The album cover was ranked 7th in Billboard's list of the 'Top 50 Album Covers of All Time.'
At the time of the album's release, Nirvana was a relatively unknown band. It is known that Nirvana paid Elden's parents $200 (approximately 270,000 KRW at current exchange rates) as a usage fee for the photo.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
