A federal judge has thrown out a lawsuit filed by a man who alleged that his depiction as a naked baby on the 1991 cover of Nirvana’s iconic album, “Nevermind,” constituted child sexual abuse imagery.
The photograph, featuring Spencer Elden at just four months old, is instantly recognizable and deeply linked with Nirvana’s groundbreaking second album, “Nevermind.”
U.S. District Court Judge Fernando Olguin, presiding in the Central District of California, issued a ruling on Tuesday, stating that the album cover did not satisfy the legal definition of child sex abuse imagery.
Judge Olguin explained his decision, noting, “Neither the pose, focal point, setting nor overall context suggest the album cover features sexually explicit conduct.” He further clarified that apart from Mr. Elden’s nudity, nothing in the image approached the scope of child pornography statutes, comparing the photograph to a typical family picture of a child bathing.
The judge also highlighted the contradiction between Mr. Elden’s past actions and his claims regarding the image.
Mr. Elden, according to the judge, had profited from his association with the album, participating in reenactments of the photo, selling signed memorabilia, and even embracing the moniker “Nirvana baby.” He had also famously tattooed the album’s title on his chest.
This victory for Nirvana marks the conclusion of a legal saga spanning over four years. Mr. Elden’s lawsuit targeted Kurt Cobain’s estate, former band members Dave Grohl and Krist Novoselic, Cobain’s widow Courtney Love, and other involved parties.
Bert H. Deixler, Nirvana’s legal representative, expressed his clients’ satisfaction on Wednesday, stating they were “delighted” the court had “ended this meritless lawsuit” and that they were now “free of the stigma of false allegations.”
A representative for Mr. Elden did not immediately comment on the ruling. The dismissal of the lawsuit was first reported by Billboard.
Mr. Elden, an artist, initially launched his federal lawsuit in 2021. He accused the band and their record label of exploiting his naked image and of intentionally creating, distributing, and promoting commercial child sex abuse imagery.
The lawsuit faced two previous dismissals: once when his legal team failed to meet a response deadline, and again when Judge Olguin determined it fell outside the 10-year statute of limitations.
However, a federal appeals court breathed new life into the case in December 2023, ruling that repeated publication of the image, such as in the album’s 2021 reissue, could be considered a fresh personal injury.
The photograph was captured by Kirk Weddle at the Rose Bowl Aquatics Center in Pasadena, California. Weddle chose it from numerous baby photos he’d taken for the album cover, fulfilling Kurt Cobain’s vision of a baby underwater. Mr. Elden’s parents received $200 for the image.
The chosen image was subsequently modified to depict the baby reaching for a dollar bill suspended from a fishhook.
Released in September 1991, “Nevermind” became a generational touchstone, launching grunge rock into the mainstream and propelling Nirvana to global fame with enduring hits such as “Smells Like Teen Spirit” and “Come as You Are.”
Despite initially engaging in celebrations of the album over the years, Mr. Elden’s perspective eventually changed. In a GQ Australia interview for the album’s 25th anniversary, he voiced his frustration with the ongoing discussion about the cover.
He reflected, “Recently, I’ve been thinking, ‘What if I wasn’t OK with my freaking penis being shown to everybody?’” He felt he “didn’t really have a choice” in the matter.
When asked about the shift in his feelings, Mr. Elden mentioned that his attempts to involve the band in his art show were met with redirection to their managers and lawyers.
He questioned, “Why am I still on their cover if I’m not that big of a deal?”
Kirsten Noyes contributed research.