Insert Foot on the new (old) controversy surrounding “Nevermind” by Nirvana.

The kid who got famous on the cover of Nirvana’s Nevermind just got his lawsuit against the band revived by a federal appeals court.

He says the iconic photo of him naked, swimming after a dollar bill, is pornographic and he wants damages.

He was 4 months old. And he seems to still be chasing money.

A couple weeks ago, a court of appeals overturned a ruling from 2022 that determined Spencer Elden didn’t file his complaint within the 10-year statute of limitations. The court said “each republication of child pornography may constitute a new personal injury.”

Elden has said he’s suffered “lifelong damages” because of it. I’m (not) sure people recognize him from the photo all the time.

The question seems to be whether a 4-month-old can be seen as an object of pornography and whether that child should be able to determine whether he can appear on the cover of an album that became the flag of a generation that brought the world back to its senses after the ’80s almost destroyed music.

I would think Elden would be proud. He’s forever tied to Nirvana. But men get weird when it comes to their naked wee-wees.

I’m not saying that’s Elden’s issue (maybe I am). I’m just wondering we’d still be having this conversation if he had a little swimsuit on. Because a baby’s penis is obviously the talking point here and, sorry Elden, but there’s not much to talk about at that age.

I’m a (relatively normal) parent and as such, I find child pornography disturbing. But the idea that we’re discussing a naked 4-month-old floating in a pool being pornographic is what’s really disturbing in this case. This lawsuit minimizes a real problem for some people.

By the way, have you seen the cover of ’60s supergroup Blind Faith’s only record? The naked 11-year-old girl? I had a copy and I hid it from my kids until the last time we moved, when I finally got rid of it. Not only could I not explain it, it just gave me the creeps.

Now that’s a kid who has a legitimate complaint.

Once I became a parent and looked at the cover of Nevermind, all I thought was, “Shouldn’t they put a swim diaper on that baby before he ruins everyone’s fun?”

Having naked pics of your babies is one of those strange things that parents love because—besides using it against them when they’re 15 and have a date over at the house for the first time—the kids are so free. They’re not weighed down by what they think other people think, and they’re just running around smiling and naked because they can. Because the world hasn’t weighed them down yet. It’ll never happen again (unless they live in Berkeley).

Maybe Spencer Elden should be suing his parents, or whoever put him in the pool and sold his image. Then again, his parents probably didn’t have the income from selling 30 million records.

Elden is now in his 30s and he says the image of him naked in a pool “sexualized” him and the image showing him supposedly chasing the dollar bill makes him look like a sex worker.

I have a feeling if Elden is being honest, perhaps he needs to get out of the house once in a while. Because that statement is so beyond insulting to sex workers and people who actually have to make a living being “sexualized.”

I have photos of my kids running around naked as babies. They’re innocent, they’re cute, they’re funny. No, none of those photos are constantly used to sum up a decade of music or pop culture.

But, dude … the only way anyone knows that’s you is if you tell them.

According to CNN, Elden’s filed an amended complaint after his first one was dismissed, seeking damages for  “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 the trial of this matter.”

What? Again, you were 4 months old. No one knows that’s you unless you walk around with a sign around your neck saying “I’m the Nirvana baby.” I’ve read stories about Elden actually recreating the Nirvana pose and talking about it. So I’m not sure about the turnabout. But, I might be biased because to me that record was so important. No record in my lifetime has changed music the way Nevermind did. So I might be a bit defensive.

Elden, you were there, helping change pop culture; whether you knew it or not. Embrace it.

Follow music critic Tony Hicks at Twitter.com/TonyBaloney1967.