A federal judge has officially dismissed the lawsuit filed by Spencer Elden, the man featured as a naked baby on the iconic 1991 Nirvana album cover for ‘Nevermind.’ Elden had claimed the image constituted child sexual abuse imagery.
The famous photograph, which captured Elden at just four months old, became an indelible part of Nirvana’s groundbreaking second album.
On Tuesday, Judge Fernando Olguin of the U.S. District Court for the Central District of California ruled that the album cover simply did not meet the legal definition of child sexual abuse material.
In his decision, Judge Olguin stated that “Neither the pose, focal point, setting nor overall context suggest the album cover features sexually explicit conduct.” He further elaborated that, beyond Elden’s nudity, nothing in the image came “close to bringing the image within the ambit of the child pornography statute,” drawing a comparison to a typical family photo of a child bathing.
The judge also highlighted the inconsistency between Elden’s legal claims and his past behavior, noting his apparent comfort with the image.
Elden had, in fact, profited from his connection to the album, participating in re-enactments of the photo, selling autographed memorabilia, and openly referring to himself as the “Nirvana baby.” Judge Olguin also pointed out Elden’s tattoo of the album’s name on his chest.
This ruling marks the conclusion of a more than four-year legal saga for Nirvana. Elden’s lawsuit targeted the estate of late frontman Kurt Cobain, former band members Dave Grohl and Krist Novoselic, and Cobain’s widow, Courtney Love, among other entities involved with the album.
Bert H. Deixler, a lawyer representing Nirvana, expressed his clients’ satisfaction on Wednesday, stating they were “delighted” by the court’s decision to “end this meritless lawsuit” and that they were now “free of the stigma of false allegations.”
A representative for Mr. Elden has not yet responded to requests for comment. Earlier reports indicated the lawsuit’s dismissal.
Elden, an artist by profession, originally filed a federal lawsuit in 2021. He accused the band and its record label of exploiting his naked image and of knowingly creating, possessing, and promoting commercial child sexual abuse imagery.
The lawsuit faced two prior 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 revived the case in December 2023, reasoning that the album’s republication—such as a 2021 reissue—could be considered a new personal injury.
The original photograph was taken by Kirk Weddle at the Rose Bowl Aquatics Center in Pasadena, California. Weddle chose it from a collection of baby photos he took, aiming to fulfill Kurt Cobain’s vision of a baby underwater for the album cover. Elden’s parents received $200 for the use of the picture.
The chosen image was later modified to show the baby swimming towards a dollar bill dangling from a fishhook.
Released in September 1991, ‘Nevermind’ defined a generation, propelling grunge rock into the mainstream and launching Nirvana to global fame with hits like “Smells Like Teen Spirit” and “Come as You Are.”
Despite participating in various celebrations of the album over the years, Elden’s perspective eventually shifted. In a GQ Australia interview for the album’s 25th anniversary, he voiced his frustration about the ongoing discussion surrounding the cover.
“Recently, I’ve been thinking, ‘What if I wasn’t OK with my freaking penis being shown to everybody?’” he stated. “I didn’t really have a choice.”
When asked about this change of heart, Elden mentioned reaching out to the band for his art show, only to be redirected to their managers and lawyers. He pondered, “Why am I still on their cover if I’m not that big of a deal?”
Kirsten Noyes contributed research to this report.