A federal judge has thrown out a controversial lawsuit alleging that the iconic naked baby on Nirvana’s 1991 ‘Nevermind’ album cover constituted child sexual abuse imagery.
Spencer Elden, who was just four months old when the picture was taken, claimed he was a victim. That image, however, has long been synonymous with Nirvana’s groundbreaking second album, ‘Nevermind’.
U.S. District Court Judge Fernando Olguin, presiding in the Central District of California, ruled that the album artwork simply did not meet the legal definition of child sexual abuse imagery.
In his decision, Judge Olguin stated, “Neither the pose, focal point, setting nor overall context suggest the album cover features sexually explicit conduct.” He further clarified that beyond Elden’s nudity, nothing in the image approached the legal scope of child pornography, comparing it to a casual family photograph of a child during bath time.
The judge also highlighted the challenge of reconciling Elden’s past actions with his claim that the image depicted child sexual abuse.
Elden had, in fact, profited from his association with the album, the court observed. This included payment for re-enacting the iconic photo, selling signed memorabilia, and even self-identifying as the ‘Nirvana baby.’ The judge pointed out that Elden had even tattooed the album’s title on his chest.
This victory for Nirvana brings an end to a legal saga that spanned over four years. Elden had initially targeted the estate of Nirvana’s late frontman, Kurt Cobain, along with surviving band members Dave Grohl and Krist Novoselic, and Cobain’s widow, Courtney Love, among other involved parties.
Bert H. Deixler, representing Nirvana, expressed his clients’ satisfaction, stating on Wednesday that they were “delighted” the court had “ended this meritless lawsuit,” liberating them from “the stigma of false allegations.”
A representative for Elden did not immediately comment on the outcome. News of the lawsuit’s dismissal was previously reported by music industry publications.
Elden, an artist, originally launched his federal lawsuit in 2021. He accused the band and their record label of exploiting his naked image for profit and deliberately creating, possessing, and promoting commercial child sexual abuse imagery featuring him.
The case faced two prior dismissals: first, when his legal team failed to meet a response deadline, and later, when Judge Olguin determined the complaint was filed beyond the 10-year statute of limitations.
However, a federal appeals court breathed new life into the lawsuit in December 2023. They ruled that the continued republication of the image, such as the album’s 2021 reissue, could be considered a fresh personal injury, restarting the clock on legal action.
The original photograph was shot by Kirk Weddle at the Rose Bowl Aquatics Center in Pasadena, California. Weddle chose it from many images of babies he had captured for the album. Kurt Cobain had initially wanted a baby depicted underwater. Elden’s parents received $200 for the session.
The final album artwork saw the chosen image modified to feature the baby seemingly swimming after a dollar bill suspended from a fishhook.
Released in September 1991, ‘Nevermind’ became a defining album for a generation, propelling grunge rock into the cultural mainstream. It launched Nirvana to global superstardom with smash hits such as ‘Smells Like Teen Spirit’ and ‘Come as You Are’.
While Elden initially participated in various celebrations of the album over the years, his perspective eventually changed. In a past interview marking the album’s 25th anniversary, he expressed frustration over the continued discussion of the cover.
He reflected, “Recently, I’ve been thinking, ‘What if I wasn’t okay with my freaking penis being shown to everybody?’” adding, “I didn’t really have a choice.”
Elden indicated his feelings shifted after he reached out to the band about collaborating on his art show.
“I was getting referred to their managers and their lawyers,” he recounted, questioning, “Why am I still on their cover if I’m not that big of a deal?”