A federal judge has officially thrown out the controversial lawsuit initiated by the man who, as a baby, graced the cover of Nirvana’s groundbreaking 1991 album, “Nevermind.” He had alleged that the iconic image constituted child sexual abuse imagery.
That photograph, captured when Spencer Elden was merely four months old, quickly became an inseparable part of Nirvana’s legendary second album, forever etched into rock history.
U.S. District Court Judge Fernando Olguin, presiding in the Central District of California, delivered his verdict on Tuesday, stating unequivocally that the album cover did not satisfy the legal definition of child sexual abuse imagery.
Judge Olguin emphasized in his ruling that “Neither the pose, focal point, setting nor overall context suggest the album cover features sexually explicit conduct.” He further clarified that, aside from Mr. Elden’s nudity, no aspect of the image came “close to bringing the image within the ambit of the child pornography statute,” drawing a comparison to an innocent family photo of a child at bath time.
The judge also highlighted the challenging task of reconciling Mr. Elden’s own past actions with his serious allegations regarding the image.
As noted by the court, Mr. Elden had previously reaped financial benefits from his association with the album. This included payments for re-enacting the iconic photo, profiting from autographed album merchandise and posters, and proudly embracing the moniker “the Nirvana baby.” Furthermore, the judge mentioned Mr. Elden’s decision to have the album’s title tattooed on his chest.
This victory for Nirvana brings an end to a protracted legal saga spanning over four years. Mr. Elden’s lawsuit targeted the estate of the late Kurt Cobain, Nirvana’s frontman, along with former band members Dave Grohl and Krist Novoselic, and Cobain’s widow, Courtney Love, among other entities.
The Album Cover at the Center of the Controversy
The iconic artwork for “Nevermind” depicts a baby submerged underwater, seemingly swimming towards a dollar bill dangling from a fishhook. This controversial image was reissued as part of Nirvana’s 30th-anniversary edition of the album in 2021.
In a statement released Wednesday, Bert H. Deixler, representing Nirvana, expressed his clients’ “delight” that the court had “ended this meritless lawsuit.” He affirmed their relief at being “free of the stigma of false allegations.”
A request for comment made to Mr. Elden’s legal representative on Wednesday was not immediately met with a response. Earlier reports from Billboard had already confirmed the lawsuit’s dismissal.
An artist by profession, Mr. Elden initially launched his federal lawsuit in 2021. He accused the band and its record label of illegally profiting from his naked image and of intentionally producing, possessing, and advertising commercial child sexual abuse imagery featuring him.
The lawsuit faced two prior dismissals: one due to his lawyers failing to meet a response deadline, and another when Judge Olguin determined it fell outside the 10-year statute of limitations for filing such a claim.
However, the case found new life in December 2023 when a federal appeals court reinstated the lawsuit. The court found that re-releasing the image, such as with the album’s 2021 reissue, could potentially be considered a new personal injury.
The photograph itself was captured by Kirk Weddle at the Rose Bowl Aquatics Center in Pasadena, California. Weddle chose the image from a collection of baby photos he took for the album, aligning with Cobain’s vision of a baby underwater. Mr. Elden’s parents received $200 for the photo.
After selection, the image was subtly altered to depict the baby pursuing a dollar bill attached to a fishing hook, adding a layer of ironic commentary.
Released in September 1991, “Nevermind” transcended mere album status, becoming a defining cultural touchstone for a generation and single-handedly propelling grunge rock into global mainstream consciousness. The album’s massive success, fueled by hits like “Smells Like Teen Spirit” and “Come as You Are,” rocketed Nirvana to international superstardom.
While Mr. Elden initially participated in various celebrations surrounding the album for many years, his perspective eventually shifted. In a GQ Australia interview commemorating the album’s 25th anniversary, he expressed frustration with the ongoing public discourse around the cover.
He openly questioned his lack of agency, 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 asked about the catalyst for this shift in sentiment, Mr. Elden recalled extending an invitation to the band to participate in his art show.
His frustration mounted when he was continually redirected to their managers and lawyers. He pondered aloud, “Why am I still on their cover if I’m not that big of a deal?”
Kirsten Noyes contributed research to this report.