Nirvana sued by man who was nude baby on ‘Nevermind’ cover

A 30-year-old man who appeared nude at 4 months old in 1991 on the cover of Nirvana’s “Nevermind” album is suing the bandand others, alleging the image is child pornography they have profited from.

The lawsuit, filedby Spencer Elden on Tuesday in federal court in California, alleges that Nirvana and the record labels behind “Nevermind” “intentionally commercially marketed Spencer’s child pornography and leveraged the shocking nature of his image to promote themselves and their music at his expense.”

The lawsuit says Elden has suffered “lifelong damages” from the ubiquitous image of him naked underwater appearing to swim after a dollar bill on a fish hook.

It seeks at least $150,000 from each of more than a dozen defendants, including the Kurt Cobain estate, surviving Nirvana members Krist Novoselic and Dave Grohl and Geffen Records.

Emails seeking comment from representatives for the defendants were not immediately returned.

Elden is filing the lawsuit now because he“finally has the courage to hold these actors accountable,” one of his attorneys, Maggie Mabie, told the Associated Press Wednesday.

Mabie said despite the photo being 30 years old, the lawsuit is within the statute of limitations of federal child pornography law for several reasons, including the fact that the image is still in circulation and earning money.

Elden also wants any new versions of the album altered.

“If there is a 30th anniversary re-release, he wants for the entire world not to see his genitals,” Mabie said.