He previously recreated the ‘Nevermind’ album cover when he was 17 in 2008, and again aged 25 in 2016. Spencer Elden was four months old in 1991 when he was photographed submerged in a swimming pool for the ‘Nevermind’ artwork. The suit also alleges the defendants 'used child pornography depicting Spencer as an essential element of a record promotion scheme commonly utilized in the music industry to get attention, wherein album covers posed children in a sexually provocative manner to gain notoriety, drive sales, and garner media attention, and critical reviews.'Įlden is seeking damages of either $150,000 (around £109,000) from each of the 17 defendants or unspecified damages to be determined at trial.Įlden is also seeking attorney fees, an injunction to prohibit all parties "from continuing to engage in the unlawful acts and practices described herein" and a trial by jury. The lawsuit states: ‘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, 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.’
Elden is also suing for distribution of private sexually explicit materials, negligence, and what’s described as a 'sex trafficking venture' where Elden 'was forced to engage in commercial sexual acts while under the age of 18 years old.'
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