A federal judge has officially dismissed the contentious lawsuit filed by Spencer Elden, the man famously depicted as a naked baby on the cover of Nirvana’s groundbreaking 1991 album, ‘Nevermind.’ Elden had argued that the iconic image constituted child sex abuse.
The photograph, captured when Elden was just four months old, became inextricably linked with ‘Nevermind,’ Nirvana’s pivotal second album.
On Tuesday, Judge Fernando Olguin of the U.S. District Court for the Central District of California definitively ruled that the album cover does not fulfill the legal criteria for child sex abuse imagery.
Judge Olguin stated in his ruling, ‘Neither the pose, focal point, setting, nor overall context suggests the album cover portrays sexually explicit conduct.’ He emphasized that, aside from Elden’s nudity, nothing in the image approached the legal definition of child pornography, comparing the photo to an innocent family snapshot of a child at bath time.
Furthermore, Judge Olguin found it challenging to reconcile Elden’s subsequent actions with his assertion that the image depicted child sexual abuse.
The judge pointed out that Elden had previously profited from his association with the album. This included being compensated for re-enacting the photograph, selling autographed posters and merchandise related to ‘Nevermind,’ and openly embracing the moniker ‘Nirvana baby.’ The court also observed that Elden had even tattooed the album’s title on his own chest.
This decision marks the culmination of a legal battle that spanned over four years, granting a significant victory to Nirvana. Elden’s lawsuit targeted the estate of Nirvana’s late frontman, Kurt Cobain, as well as surviving band members Dave Grohl and Krist Novoselic, and Cobain’s widow, Courtney Love, among other involved parties.
In a statement released Wednesday, Bert H. Deixler, legal counsel for Nirvana, expressed his clients’ ‘delight’ that the court had ‘ended this meritless lawsuit,’ adding that they were now ‘free of the stigma of false allegations.’
As of Wednesday, Elden’s legal representative had not yet responded to requests for comment regarding the dismissal. The news of the lawsuit’s conclusion was first reported by Billboard.
Elden, an artist, originally launched his federal lawsuit in 2021. He accused the band and their record label of illegally profiting from his nude image and of deliberately creating, possessing, and commercially advertising child sex abuse imagery featuring him.
The lawsuit had faced prior dismissals on two occasions: first, when his legal team failed to meet a deadline for responding to a motion, and subsequently, when Judge Olguin determined that the claim fell outside the 10-year statute of limitations.
However, a federal appeals court revived the case in December 2023, ruling that subsequent republications of the image—such as the album’s 2021 reissue—could potentially create a new basis for personal injury claims.
The original photograph was captured by Kirk Weddle at the Rose Bowl Aquatics Center in Pasadena, California. Weddle chose it from numerous baby photos he had taken for the album cover, which Kurt Cobain had envisioned featuring a baby submerged in water. Elden’s parents received $200 for the use of the image.
Later, the chosen image was digitally modified to depict the baby swimming towards a dollar bill suspended from a fishing hook.
Released in September 1991, ‘Nevermind’ was a generational touchstone, instrumental in bringing grunge rock to mainstream audiences. The album launched Nirvana into global superstardom, featuring enduring hits such as ‘Smells Like Teen Spirit’ and ‘Come as You Are.’
While Elden had participated in various celebrations of the album over the years, his perspective eventually changed. In a GQ Australia interview commemorating the album’s 25th anniversary, Elden expressed frustration that the album cover continued to be a focal point of discussion.
He voiced his concerns, stating, ‘Recently, I’ve been thinking, “What if I wasn’t OK with my freaking penis being shown to everybody?” I didn’t really have a choice.’
When questioned about the shift in his sentiments, Elden recalled having reached out to the band to inquire about their participation in an art show he was organizing.
He explained, ‘I was getting referred to their managers and their lawyers. Why am I still on their cover if I’m not that big of a deal?’