In a significant ruling, a federal judge has dismissed the controversial lawsuit filed by the man who, as a baby, graced the cover of Nirvana’s landmark 1991 album ‘Nevermind.’ The plaintiff had shockingly alleged that the iconic image constituted child sexual abuse imagery.
The photograph, featuring Spencer Elden at just four months old, became an indelible symbol of Nirvana’s pivotal second album, ‘Nevermind.’
U.S. District Court Judge Fernando Olguin, based in the Central District of California, delivered his ruling on Tuesday, stating unequivocally that the album cover does not fulfill the legal definition of child sexual abuse imagery.
Judge Olguin clarified his decision, writing, “Neither the pose, focal point, setting nor overall context suggest the album cover features sexually explicit conduct.” He further explained that aside from Mr. Elden’s nudity, nothing in the image approached the scope of the child pornography statute, drawing a parallel to an innocent family photograph of a child bathing.
The judge also highlighted the challenge in reconciling Mr. Elden’s past actions with his serious allegations regarding the image.
Notably, Mr. Elden had previously embraced and profited from his association with the album, according to the judge. This included receiving payment for re-enacting the famous shot, selling signed memorabilia, and self-identifying as the “Nirvana baby.” The judge even pointed out Mr. Elden’s tattoo of the album’s title on his chest.
This decision marks the end of a protracted legal struggle spanning over four years for Nirvana. Mr. Elden’s lawsuit targeted numerous parties, including the estate of the late Kurt Cobain, Nirvana’s former members Dave Grohl and Krist Novoselic, and Cobain’s widow, Courtney Love.
Bert H. Deixler, Nirvana’s legal representative, expressed his clients’ relief on Wednesday, stating they were “delighted” that the court had “ended this meritless lawsuit” and that they were now “free of the stigma of false allegations.”
A request for comment from Mr. Elden’s lawyer went unanswered on Wednesday. News of the lawsuit’s dismissal was previously reported by Billboard.
As an artist, Mr. Elden initially filed a federal lawsuit in 2021, alleging that the band and its record label exploited his nude image for profit, and intentionally created, possessed, and promoted commercial child sexual abuse imagery featuring him.
The lawsuit faced two prior dismissals: one due to his legal team missing a response deadline, and another when Judge Olguin determined it had exceeded the 10-year statute of limitations.
However, a federal appeals court reinstated the lawsuit in December 2023, concluding that the image’s republication, such as the album’s 2021 reissue, could indeed constitute a new personal injury.
Photographer Kirk Weddle captured the image at the Rose Bowl Aquatics Center in Pasadena, California. He chose it from a collection of baby photographs intended for the album cover, fulfilling Kurt Cobain’s vision of a baby underwater. Mr. Elden’s parents received $200 for the photo session.
The chosen photograph was subsequently modified to depict the baby seemingly pursuing a dollar bill suspended from a fishhook.
Released in September 1991, ‘Nevermind’ profoundly influenced a generation of music fans and was instrumental in bringing grunge rock to mainstream prominence. The album, featuring smash hits such as ‘Smells Like Teen Spirit’ and ‘Come as You Are,’ propelled Nirvana to global superstardom.
While Mr. Elden initially participated in various celebrations of the album throughout the years, his perspective eventually shifted. In a GQ Australia interview commemorating the album’s 25th anniversary, he voiced his frustration with the ongoing discussion surrounding the cover.
He reflected, “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 catalyst for his change of heart, Mr. Elden revealed that his feelings soured after the band declined his invitation to collaborate on an art show.
He expressed his disappointment, saying, “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?”
Kirsten Noyes contributed research.