The iconic album cover of Nirvana’s Nevermind record is a staple in American rock culture. The image of a naked baby in a swimming pool reaching for a dollar bill that is attached to a fishing hook is as recognizable as members of the band themselves. While the cover has been a topic of celebration since it was released in 1991, that baby in the photo, now a thirty-year-old Spencer Elden, is coming forward with his objections to the iconic image.

Last week, Elden sued the band along with 15 others for $150,000 each for sexual exploitation and child pornography. In his complaint, Elden argues that the defendants knowingly used the naked image of him as a baby and distributed it all while turning a profit.

The complaint lists several defendants, including the members of the band, Kurt Cobain's estate, Universal Music, Warner Records, Geffen Records, and MCA music. The suit also lists the photographer, Kirk Weddle, as a defendant. Weddle was a family friend of Elden's father when the photo was taken. According to the younger Elden, Weddle knowingly took a “sexually graphic” photo of Elden as a baby, and that while there were discussions that Elden's genitals would be covered with a sticker, the album cover was released without any attempt to hide Elden’s genitals. Additionally, Elden argues that his parents never signed a release form for the image to be taken and distributed.

Elden's lawyer Robert Lewis explains, "Spencer's true identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor." Lewis also explains that because of the album cover’s popularity, Elden suffered emotional distress that impacted both his emotional and educational development.

While Elden takes issue with the image of himself as a naked baby during today’s climate where the issue of consent is a growing concern in our society, it’s unclear if the case could hold up in court, especially considering Elden appears to have embraced the image during different points in his life.

On the album's 10th, 20th, and 25th anniversaries, Elden agreed to recreate the photo. Elden shared with outlet The Guardian, “I want to create a print of a real-deal re-enactment shot, completely naked. Why not? I think it would be fun.” Additionally, Elden admitted to having the album's title tattooed onto his chest.

In the same interview done with The Guardian, Elden explains his feelings on the success of the album cover. He stated, “It is a weird thing to get my head around, being part of such a culturally iconic image. But it’s always been a positive thing and opened doors for me. I’m 23 now and an artist and this story gave me an opportunity to work with Shepard Fairey for five years, which was an awesome experience.” He went on to add, “It helps with girls, too. Sometimes girls chat me up about it more than the other way around.”

Over half a decade after these comments, however, Elden and his attorneys contend that the defendants never attained the proper consent to use the photo.

Another of Elden’s attorneys, James Marsh, explains, “Our understanding is there was no release,” Marsh says. “In a culture in which we are trying to uphold consent as one of the highest values, an image of a child naked that he didn’t consent to should cause people concern.”