Erase the image of Spencer Elden’s baby penis from your memory. ERASE IT!
Spencer Elden filed a lawsuit in California federal court against Nirvana, Universal Music Group, Warner Records, music mogul David Geffen, the band members (even the late Kurt Cobain via his estate and three individuals who oversee it, including Courtney Love), the photographer and others. Elden alleges the image depicts him “like a sex worker — grabbing for a dollar bill that is positioned dangling from a fishhook in front of his nude body with his penis explicitly displayed.” He also claims he had a “reasonable expectation that the images depicting him would remain private” and maintains his legal guardians didn’t sign a release authorizing the use of the images.
In a 2015 essay in The Guardian, Elden said his parents agreed to the shoot and said it had opened doors for him: “I don’t think my parents really gave my taking part in this shoot too much thought. They knew who Nirvana were, but weren’t really into the grunge scene. I was four months old and my dad was attending art school at the time, and his friends would often ask for help with their projects. So his friend the photographer Kirk Weddle called him and said, ‘Do you want to make some money today and throw your kid in the pool?’ And he agreed. My parents took me down there, apparently they blew in my face to stimulate my gag reflex, dunked me in, took some pictures, and pulled me out. And that was it. They were paid $200 and went to eat tacos afterwards. No big deal. Weddle had shot a number of babies to find the right image, and they ended up choosing me. I think it’s because of my penis — a lot of the other babies were girls. Also, the composition seemed very natural. I am glad they chose me.”
Elden’s attorney James Marsh, whose practice focuses on victims of sex abuse, insists permission wasn’t given. “Our understanding is there was no release,” he says. “In a culture in which we are trying to upload consent as one of the highest values, an image of a child naked that he didn’t consent to should cause people concern.”
While it makes for “splashy” headlines, attorneys consulted by The Hollywood Reporter say the complaint will likely be dismissed early.
Here’s an interview Spencer did with John Chapple of www.JohnChapple.com from 2016:
