However, under Australian law, this is not recognised.Īustralian copyright law provides that generally the copyright of a photograph is owned by the photographer and not the subject. Therefore, if it is found that Elden’s parents did not authorise the photograph of Spencer to be used on the cover of Nirvana’s album, this right may have been breached. In the US, the law creates a ‘right of publicity’ which prevents unauthorised commercial use of an individual’s name and likeness. There has been many articles and controversy surrounding this news, however from a commercial law standpoint, it raises questions surrounding copyright law and the ownership of photographs. Consequently, Spencer Elden is seeking $150,000 from each of the 15 people he is suing. He claims that his parents did not sign an authority for Nirvana to use this image and that the image of the naked baby swimming in the pool can be considered child exploitation and pornography. Spencer Elden, the baby featured on the cover of Nirvana’s ‘Nevermind’ album has now commenced a federal lawsuit (in the US) against the members of Nirvana individually and other associated persons for exploiting the naked picture of himself. In fact, over 30 million people have bought this very album. We all know the image of the 4-month-old baby, swimming naked in the pool grabbing the American dollar floating in front of him. The general rule, under Australian law, is that the photographer is the first owner of the copyright.Ownership of a photo varies depending on the circumstances under which it was taken.

Baby on Nirvana’s ‘Nevermind’ album cover sues the band for the unauthorised use of his photo.

Co-written by Natasha Breski KEY TAKE-OUTS:

Nirvana nevermind cover controversy