Man Photographed as Baby on ‘Nevermind’ Cover Sues Nirvana, Alleging Child Pornography

Spencer Elden, the man whose unusual baby portrait was used for one of the most recognizable album covers of all time, Nirvana’s “Nevermind,” filed a lawsuit Tuesday alleging that the nude image constituted child pornography.

The album cover depicts Elden underwater in a swimming pool as a then-infant with his genitalia exposed. The image has generally been understood as a statement on capitalism, as it includes the digital imposition of a dollar bill on a fishhook that the baby appears to be enthusiastically swimming toward. Non-sexualized nude photos of infants are generally not considered child pornography under law.

However, Robert Y. Lewis, Elden’s lawyer, offers an unusual interpretation of the image to argue that it crosses the line into child porn, writing that the inclusion of currency in the shot makes the baby appear “like a sex worker.”

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