Nirvana Wins Lawsuit Over Iconic Nevermind Album Cover
The long-running lawsuit over Nirvana’s Nevermind album cover has been dismissed again, with a federal judge ruling that the image does not qualify as child pornography. Spencer Elden, who appeared naked as a baby on the 1991 cover, claimed the photo amounted to commercial sexual exploitation, but Judge Fernando Olguin ruled the picture lacked anything “sexually explicit,” calling it “most analogous to a family photo of a nude child bathing.” and was “plainly insufficient to support a finding of [child pornography].”
Elden first sued in 2021, saying his “identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor,” and that the emotional distress and harm continued into adulthood. The case was thrown out in 2022 for being filed too late, but an appeals court allowed it to return. This time, however, the judge dismissed it based on the substance of the claim, saying, “Nudity must be coupled with other circumstances that make the visual depiction lascivious or sexually provocative.”
The judge also noted that Elden had previously celebrated his link to the photo, reenacting the pose for media, selling autographed prints, and calling himself the “Nirvana baby.” These actions, Olguin said, made it hard to believe that the image caused him lasting harm. “Plaintiff has, for many years, embraced and financially benefited from being featured on the album cover. [His] actions relating to the album over time are difficult to square with his contentions that the album cover constitutes child pornography and that he sustained serious damages as a result.”
Nirvana’s lawyer, Bert Deixler, welcomed the outcome: “We are delighted that the court has ended this meritless case and freed our creative clients of the stigma of false allegations.” However, Elden’s legal team says they’re not done yet. In a statement to Rolling Stone, attorney James R Marsh said they “respectfully disagree” with the ruling and plan to appeal. “As long as the entertainment industry prioritizes profits over childhood privacy, consent, and dignity, we will continue our pursuit for awareness and accountability.”
