Spencer Elden, who was just four months old when he appeared naked and swimming underwater on the 1991 album cover for Nirvana’s groundbreaking album Nevermind, has seen his lawsuit against the band dismissed. Elden had sued Nirvana and photographer Kirk Weddle, alleging that the image represented child pornography and had tied his identity to commercial sexual exploitation.
However, a US District Judge ruled that the image, even with Elden’s nudity, did not meet the criteria for child pornography. The judge likened the photo to a “family photo of a child bathing” and stated it was insufficient to support a finding of child pornography, as nudity alone does not constitute such an offense. The ruling emphasized that “Nudity must be coupled with other circumstances that make the visual depiction lascivious or sexually provocative.”
Factors contributing to the decision included Elden’s parents’ presence at the photoshoot, the photographer being a friend, and Elden’s past embrace and financial benefit from his appearance on the album cover. Despite the ruling, Elden’s legal team has expressed disagreement and plans to appeal, stating their commitment to raising awareness and accountability for childhood privacy and dignity in the entertainment industry.