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Dave Grohl comments on Nirvana baby lawsuit: “He’s got a Nevermind tattoo. I don’t”

By | Published on Wednesday 27 October 2021

Nirvana - Nevermind (Censored)

Dave Grohl has commented on the lawsuit launched against Nirvana earlier this year over the artwork of 1994 album ‘Nevermind’. Unsurprisingly, he disputes the claim that the image of a naked baby swimming “constitutes commercial child pornography”.

Spencer Elden, who as a baby appeared on the album’s cover, sued the band, their label, and other people involved in creating the artwork in August, coinciding with the record’s 30th anniversary.

Claiming that Elden’s guardians did not know how the photo would be used when it was originally taken, the lawsuit argues that the defendants “knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so”.

Asked about the lawsuit in a new interview with Vulture, Grohl says that he hasn’t “spent too much time thinking about it”, although he adds: “I feel the same way most people do in that I have to disagree. That’s all I’ll say”.

Interviewer Craig Jenkins then raises the point that Elden has re-created the ‘Nevermind’ cover image several times as an adult, albeit wearing shorts, and Grohl says: “Listen, he’s got a ‘Nevermind’ tattoo. I don’t”.

This is not actually the first time Grohl has commented on the lawsuit. After Elden’s lawyer called on the band to censor the artwork on all future re-releases of ‘Nevermind’, Grohl told The Sunday Times: “I have many ideas of how we should alter that cover, but we’ll see what happens. We’ll let you know. I’m sure we’ll come up with something good”.

Elden is seeking at least $2.5 million in damages and a trial by jury. It is yet to be determined if and how the case will proceed.