David Grohl has spoken out regarding the lawsuit filed against Nirvana’s Nevermind album cover that features a naked baby.
David Eric Grohl, 52, is an American musician, singer, songwriter, and documentary filmmaker. He was the drummer for rock band Nirvana and founded the alternative rock band Foo Fighters, for whom he is the singer, guitarist, and primary songwriter.
Spencer Elden, 30, who was featured on Nirvana’s “Nevermind” 1991 album cover has filed a lawsuit against David and several others associated with the rock band.
A total of fifteen defendants, including the Krist Novoselic, Kurt Cobain’s estate, Courtney Love, photographer Kirk Weddle and the labels involved in the release Universal Music, Geffen Records, Warner Records, and MCA Music were named in the suit, which was filed back in August.
Spencer claimed that names in the suit sexually exploited him when he was just 4-months-old and that they profited from his baby image. He also claims that his parents never signed a release authorizing the use of the image.
BBC News pointed out at the time that non-sexualized images of infants are not typically considered child abuse under US law, but Spencer’s lawyer is arguing that the inclusion of a dollar bill, which was added to the photo digitally after it was taken.
The drummer was speaking with The Sunday Times when he revealed that they are planning on tweaking the album cover for the upcoming 30th-anniversary re-release.
“I have many ideas of how we should alter that cover but we’ll see what happens,” he said. “We’ll let you know. I’m sure we’ll come up with something good”.
When asked to comment on the lawsuit itself, he said: “At some point, unfortunately, it (lawsuits) just becomes par for the course.”
“I think that there’s much more to look forward to and much more to life than getting bogged down in those kinds of things,” he said. “And, fortunately, I don’t have to do the paperwork.”
Spencer’s claims have been highly publicized, due in part to how iconic the album cover is, but also because he recreated it for Nevermind‘s 25th anniversary back in 2016.
Spencer has claimed in the suit that he’s suffered “permanent harm” due to his involvement with the album, and he’s asking for $150,000 from each of the 15 people named in the suit.
“The permanent harm he has proximately suffered includes but is not limited to extreme and permanent emotional distress with physical manifestations, interference with his normal development and educational progress,” the lawsuit states.
“lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at trial of this matter,” it added.
In addition to monetary compensation, Spencer has requested the album artwork be changed for all future releases of Nevermind like the 30th anniversary expanded reissue set to drop this November.
“If there is a 30th-anniversary re-release, (Spencer) wants for the entire world not to see his genitals,” Spencer’s lawyer told Associated Press.
California-born Spencer, wound up on the cover of the album after photographer Kirk Weddle convinced his dad with the promise of an easy buck.
During an interview with NPR in 2008, Rick Elden explained how Weddle offered him $200 to come to a party and toss his baby into the pool for a shoot, with the whole thing lasting just a few seconds.
“I was like, what’s up? And he’s like, well, I’m shooting kids all this week, why don’t you meet me at the Rose Bowl, throw your kid in the drink?” Elden recalled. “And we just had a big party at the pool, and no one had any idea what was going on!”
“It’s hard not to get upset when you hear how much money was involved,” Spencer told Time magazine. “I go to a baseball game and think about it: man, everybody at this baseball game has probably seen my little baby pe**s, I feel like I got part of my human rights revoked.”
In 2016, he recreated the cover for the New York Post.
“Recently I’ve been thinking, what if I wasn’t OK with my freaking pe**s being shown to everybody?” he told the publication. “I didn’t really have a choice.”
David established himself as a respected drummer with Nirvana and in 2014 was inducted into the Rock and Roll Hall of Fame, along with former bandmates Kurt Cobain and Krist Novoselic, in the group’s first year of eligibility
“Nevermind” was released on Sept. 24, 1991, and featured two of Nirvana’s biggest hits: “Smells Like Teen Spirit” and “Come As You Are.”