by Nirvana has successfully defended against another lawsuit filed by Spencer Elden, the man who appeared as a naked baby on the band’s iconic “Nevermind” album cover. Billboard reported the court’s decision.
Judge Fernando M. Olguin dismissed Elden’s child pornography lawsuit. The judge ruled that the album cover does not constitute sexually explicit material.
“Neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct,” Judge Olguin wrote in his ruling. “This image – an image that is most analogous to a family photo of a nude child bathing – is plainly insufficient to support a finding of [child pornography].”
Spencer Elden, now in his 30s, had filed the lawsuit claiming the album cover constituted child pornography. The court’s decision means Nirvana faces no penalties related to this case.
This latest ruling marks the end of a complex legal battle that has spanned several years and multiple court proceedings.
Elden’s legal journey began in August 2021 when he initially filed the lawsuit seeking damages from Nirvana and other related parties. His lawsuit alleged that the image was exploitative and caused him lifelong damages. 6ABC noted that one of the key points in Elden’s lawsuit was that the inclusion of a dollar bill in the image made him appear like “a sex worker.”
The case faced significant procedural hurdles early on. Elden’s initial lawsuit was dismissed due to timing issues related to the statute of limitations. However, he successfully appealed this decision. The Ninth Circuit Court of Appeals allowed the case to proceed under the argument that the 30th anniversary re-release of the album constituted a new claim.
Kirk Weddle photographed the “Nevermind” album cover in 1991. The image has become one of the most recognizable in rock history. Wikipedia states that the album was released on September 24, 1991. It went on to become a cultural phenomenon that helped bring grunge music into the mainstream.
The appeals court allowed the case to move forward. Despite this, the lower court ultimately ruled against Elden. The judge’s decision was based on the determination that the image lacked explicit content and did not meet the legal definition of child pornography. This ruling brings this high-profile legal dispute to a close.
