Non-sexualized nude photos of infants are generally not considered child pornography under law
However, Robert Y. Lewis, Elden’s lawyer, offers an unusual interpretation of the image to argue that it crosses the line into child porn, writing that the inclusion of currency in the shot makes the baby appear “like a sex worker.”
What was a constant, in the past as now, is that Elden has said he was never compensated for the photo beyond the $200 his parents were paid for it on the day of the shoot. In previous interviews, he’s said he tried to get in touch with Grohl and Novoselic, on a friendly basis, but never got a reply. A possibly new contention in the lawsuit is that Elden’s parents never even signed paperwork allowing any use of the image.
In 2016, the last time Spencer recreated the pose as an adult, he told the New York Post, “The anniversary means something to me. It’s strange that I did this for five minutes when I was 4 months old and it became this really iconic image. …. It’s cool but weird to be part of something so important that I don’t even remember.”
Says the lawsuit: “Weddle took a series of sexually graphic nude photographs of Spencer. To ensure the album cover would trigger a visceral sexual response from the viewer, Weddle activated Spencer’s ‘gag reflex’ before throwing him underwater in poses highlighting and emphasizing Spencer’s exposed genitals. Fisher purchased fishhooks from a bait and tackle shop to add to the scene.
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