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1991, Spencer Elden was 4 months old when he was photographed by a family friend swimming underwater in a pool.
The famous cover picture, taken at the Rose Bowl Aquatics Center in Pasadena, Califonia said to be used that year for the cover of “Nevermind,” Nirvana’s seminal second album that said helped define Generation X and made Nirvana known worldwide.
News broke out that Mr. Elden, 30, has filed a federal lawsuit against the estate of Kurt Cobain, the musician’s former bandmates, David Grohl and Krist Novoselic, and Mr. Cobain’s widow, Courtney Love, among other parties. Mr. Elden claimed that they, along with Geffen Records, profited on his baby picture. It is one of the best-selling records of all time, with at least 30 million copies sold worldwide.
Netizens are puzzled why did Mr. Elden suddenly sued the band when he, himself celebrate his part in the iconic cover, recreating it for the 10th, 17th, 20th, and 25th anniversaries.
“It’s cool but weird to be part of something so important that I don’t even remember,” he said in 2016 in an interview with The New York Post, in which he posed holding the album cover at 25.
Mr. Elden suffered “permanent harm” because of his association with the album, including emotional distress and a “lifelong loss of income-earning capacity.” The lawsuit did not provide details about the losses and said they would be disclosed at trial.
“He hasn’t met anyone who hasn’t seen his genitalia,” she said. “It’s a constant reminder that he has no privacy. His privacy is worthless to the world.”
Mr. Elden’s lawsuit said that he is asking for $150,000 each and for the company.